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Supreme Court Orders MHA to Adopt RBI's SOP on Cyber Fraud Arrests

The Supreme Court has directed the Ministry of Home Affairs to formally adopt and implement the RBI's Standard Operating Procedure on cyber-enabled frauds across the country. The Bench, headed by CJI Surya Kant, emphasized strict accountability for banks, noting that officials' lapses or connivance have contributed to fraudulent transactions. The Court ordered the necessary implementation rules to be notified within two weeks to ensure inter-agency coordination. It also issued directions to the CBI, RBI, and MeitY for time-bound action in these digital arrest scam cases.

Key Points: SC Directs MHA to Implement RBI Cyber Fraud SOP Nationwide

  • MHA must adopt RBI's cyber fraud SOP nationwide
  • Banks face strict accountability for fraud lapses
  • CBI to identify digital arrest cases
  • Rules for implementation within two weeks
2 min read

Digital arrest cases: SC directs MHA to adopt RBI's SOP on cyber frauds

Supreme Court mandates MHA to adopt RBI's SOP for cyber fraud coordination, holds banks accountable, and sets a 2-week deadline for rules.

"We have seen bank officials are completely hand in gloves with the accused in these cases of digital arrest. - CJI Surya Kant"

New Delhi, February 9

The Supreme Court on Monday directed the Ministry of Home Affairs to formally adopt and implement, across the country, the Standard Operating Procedure issued by the Reserve Bank of India on January 2, 2026, to ensure effective inter-agency coordination in cases of cyber-enabled frauds, including identifying the location of defrauded parties.

The Court further ordered that the necessary rules for implementation be notified within two weeks.

In this context, the Court noted that the Reserve Bank of India has already issued the SOP authorising banks to place temporary debit holds on accounts as a preventive measure against cyber-enabled fraud.

During the hearing of the suo motu proceedings on digital arrest scams on Monday, the Supreme Court also flagged that lapses and active connivance by bank officials have contributed to such fraudulent transactions.

A Bench headed by Chief Justice of India (CJI) Surya Kant, along with Justice Joymalya Bagchi, stressed that banks must be held to strict standards of accountability while handling cases involving cyber-enabled fraud.

"We have seen bank officials are completely hand in gloves with the accused in these cases of digital arrest," CJI Kant remarked while hearing the matter.

The Bench also issued directions to ensure effective coordination among enforcement agencies and regulators. It directed the CBI to identify digital arrest cases, asked the RBI to take appropriate action at the issuing banks' level, and instructed the Ministry of Electronics and Information Technology to ensure time-bound compliance by intermediaries.

During the hearing, the Court was informed that, as part of measures to address digital arrest cases, a memorandum of understanding (MoU) and a standard operating protocol (SOP) have been prepared. Taking note of this, the Bench directed their swift implementation.

It noted that the RBI has framed an SOP requiring banks to take specific actions, including placing temporary debit holds to prevent cyber-enabled frauds. The Bench directed the Union Ministry of Home Affairs to formally adopt and implement the SOP dated January 2, 2026, across the country to enable inter-agency coordination and identification of the location of defrauded parties, and ordered that the necessary rules be notified within two weeks.

- ANI

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Reader Comments

R
Rohit P
The CJI is absolutely right about bank officials being hand in glove. In my case, the fraudster seemed to know my account details too well. There has to be strict accountability. Good move by the SC.
A
Aman W
Coordination between CBI, RBI, MeitY, and MHA is the key. Often, victims are just passed from one agency to another while the money vanishes. Hope this SOP has a clear timeline and a single point of contact for reporting.
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Sarah B
While this is a positive step, I hope the "temporary debit holds" are implemented carefully. What if there's a false flag and a genuine transaction gets blocked? The process to unlock funds must be quick and hassle-free.
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Vikram M
The real test is implementation at the thana level. My father tried to file an FIR for an online fraud and the police said "it's a small amount, adjust kar lo". Unless local police are trained and made accountable, these SOPs will remain on paper.
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Karthik V
Good direction from SC. But 2026 SOP? Feels like we are planning for the future while people are getting scammed today. Need urgent awareness campaigns also. Many elderly people don't even know what "digital arrest" means.

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