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Judiciary

Delhi High Court asks RBI, MHA to respond on various aspects of fraudulent digital bank transactions [Read Order]

By Shreya Agarwal      29 November, 2023 05:00 PM      0 Comments

NEW DELHI: Hearing a batch of pleas about fraudulent digital bank transactions in the present times, the Delhi High Court has passed a slew of directions and issued notice to the Ministry of Home Affairs (MHA) seeking response on relevant issues.

On Police's difficulty in obtaining information from Banks during investigation

Dealing with the issue that banks do not respond to queries raised by the police for ensuring compliance of police or court orders in such cases, the Delhi High Court has said that "whenever any information is requested by the Cyber Crime Cells of police authorities, banks ought to respond to the same in a diligent manner."

The Court also directed RBI to specify on record as to whether any guidelines have been issued by it to banks in respect of such queries.

It further directed Canara Bank, SBI, UCO Bank, Bank of Maharashtra, Bank of India, Yes Bank, Axis Bank to state on record, what procedure they follow to respond to such official queries, within 4 weeks.

Noting the complain of various counsels that they face difficulty in obtaining relevant information from HDFC Bank, the Court also directed the counsel for HDFC Bank to remain present in Court on the next date.

On appointment of Nodal Officer by Google LLC to communicate with Cyber Cell, Delhi Police

The Court was also dealing with the question of coordination between Delhi Police and Google LLC.

The bench of Justice Prathiba Singh while hearing the matter noted that Google LLC had appointed a Nodal Officer in compliance with the Court's order.

In its earlier order dated dated September 27 the Court had issued a direction to Google LLC to nominate one official who would communicate with the Delhi Police, Cyber Crime Cell and provide them the information that they would need in respect of fraudulent websites.

On coordination between different Cyber Cell authorities

The Court was also dealing with the broader issue that in some Cyber Crime cases, the ultimate accused are located in different states such as West Bengal, Bihar, Maharashtra etc., and it is difficult for the Delhi Police - Cyber Crime Cell to prosecute the cases in those states.

Noting that there "appears to be a need for some coordination between the Cyber
Crime Cell of all Police Authorities", the Court has issued notice to to the Ministry of Home Affairs (MHA).

It further directed for a meeting to be called by the concerned Joint Secretary, MHA on December 20 at 3 pm of all the Cyber Crime Cells in various states in order to have some coordination between them for dealing with such fraudulent transaction cases.

The matter has next been listed on February 1.

 

[Read Order]



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