NEW DELHI: The Delhi High Court has recently directed the Reserve Bank of India (RBI) to submit an affidavit, clarifying the guidelines issued to commercial banks about the required response to requests for information from cyber cells of police authorities in case of fraudulent transactions.
Underlining the need for a diligent approach in the wake of fraudulent transactions, a bench of Justice Prathiba M Singh urged banks to provide the details of their procedure to reply to queries raised by probe agencies.
The court also directed the Reserve Bank of India (RBI) to submit an affidavit, clarifying whether guidelines have been issued to banks regarding queries raised by the police and ensuring compliance with orders from police authorities or courts.
The court was hearing a batch of petitions related to instances of innocent customers falling victim to fraudulent activities.
“It is made clear that whenever any information is requested by the cybercrime cells of police authorities, banks ought to respond to the same in a diligent manner,” the court said in an order on Tuesday.
“The RBI shall file a specific affidavit on record as to whether there are any guidelines which have been issued by it to banks in respect of queries raised by the police and for ensuring compliance of any orders passed by police authorities or courts,” the court noted.
The court’s involvement comes following disclosures from the counsel representing the Delhi Police, revealing the recurring issue of banks not promptly addressing inquiries raised by the agency regarding adherence to orders issued by law enforcement or judicial authorities.
The legal representative underscored the hurdles faced in prosecuting cases where the primary accused is situated in diverse states, including West Bengal, Bihar, and Maharashtra. The geographical dispersion poses challenges for the Delhi Police’s Cyber Crime Cell in pursuing legal proceedings across these jurisdictions.
Acknowledging the imperative for collaboration among cybercrime cells spanning different states, Justice Singh has issued a directive to the Centre to organise a gathering of these units with the purpose of enhancing coordination in addressing cases related to fraudulent transactions. The
The court has mandated that this crucial meeting take place by 3:00 p.m. on December 20, 2023.
“Let a meeting be called by the concerned Joint Secretary, MHA, of all the cybercrime cells in various states in order to have some coordination between them for dealing with such fraudulent transaction cases. Let the said meeting be held by December 20, 2023, at 3:00 pm,” the judge said in its order passed on November 24.
The hearing on the matter will resume on February 1, 2024.
