PUNJAB AND HARYANA HIGH COURT TAKES STERN VIEW OF CYBER CRIME CASES, DIRECTS DGPS OF PUNJAB, HARYANA AND CHANDIGARH TO TAKE STRICT ACTION

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The Punjab and Haryana High Court has taken a stern view of the rapidly increasing cases of cybercrime, observing that cybercrime has now assumed epidemic proportions and its network has spread even to rural areas.

While hearing a recent case, the court observed that cybercrime has grown to an enormous scale and that the existing legal framework is not adequate to effectively deal with the emerging challenges. The court emphasized the need for reforms in the existing laws and stronger provisions for punishment.

Justice Sanjay Vashisth expressed concern over the growing number of cybercrime cases and observed that bank account holders are living under constant fear and anxiety regarding the safety of their money. People remain apprehensive that funds could suddenly be withdrawn from their accounts without their knowledge.

Advocate Sagar Panghal said that while granting bail in the case, the court made it clear that if the accused is found involved in a similar offence again, his bail should be cancelled immediately and he should not be granted bail again.
According to Advocate Panghal, the case involved an alleged cyber fraud of approximately ₹73 lakh with Vikram Midha, while around ₹20 lakh was credited to the accused’s bank account. It was stated that a WhatsApp link related to online trading had been sent to the accused. Attracted by the prospect of making money, he clicked on the link and transferred money into different bank accounts.

During the proceedings, it was argued that the actual masterminds behind cyber fraud often remain beyond the reach of law enforcement, while account holders and intermediaries are arrested. Such individuals allegedly provide their bank accounts for small amounts of money, following which lakhs or even crores of rupees are routed through those accounts. In several cases, the account holders themselves may not know who is actually operating the account or where the money is ultimately being transferred.

The court also emphasized that police authorities need to adopt a stricter and more effective approach in dealing with cybercrime cases. It stressed the need to prevent suspicious funds from being transferred abroad.
In this context, the High Court issued directions to the DGPs of Haryana, Punjab and Chandigarh, asking them to ensure strict action by cybercrime cells in all districts of the three jurisdictions.

Loan Agents Allegedly Emerging as Part of Cyber Fraud Networks Advocate Sagar Panghal further pointed out that some loan agents are also allegedly becoming part of such cybercrime networks. During the loan application process, customers are sometimes asked to hand over their bank account kits for a certain period. The accounts are then allegedly used to temporarily park money obtained through cyber fraud before it is transferred to foreign accounts.
In many such cases, the customer comes to know about the misuse of the account only when the police arrive to arrest them. As a result, innocent people can also end up behind bars without being aware of the transactions taking place through their accounts.

According to the advocate, such accused persons often do not receive bail quickly from trial courts and are therefore forced to approach the High Court and, in some cases, even the Supreme Court. This further adds to the workload of higher courts that are already dealing with a substantial backlog of cases.

The High Court’s observations and directions are being viewed as an important step towards strengthening the fight against cybercrime. The court’s approach underlines the need not only to identify and apprehend the masterminds behind cyber fraud but also to prevent misuse of bank accounts and the illegal transfer of fraudulently obtained funds to foreign destinations.