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Synopsis

The Delhi High Court has emphasized the obligation for banks to promptly respond to requests for information from cyber cells of police authorities, calling for a diligent approach in cases of fraudulent transactions.

The bench of Justice Prathiba M. Singh, dealing with a batch of petitions relating to instances of innocent customers falling victim to fraudulent activities, also urged banks to provide details of their procedures for replying to queries raised by investigating agencies.

In the order that was uploaded on Tuesday, the court underscored the importance of banks responding diligently to information requests from cybercrime cells.

“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," it said.

The court 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 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 ordered.

The court's intervention followed revelations from the counsel for the Delhi Police, stating that banks often fail to respond to queries raised by the agency concerning compliance with orders issued by police authorities or courts.

The counsel highlighted challenges in prosecuting cases where the ultimate accused is located in different states, such as West Bengal, Bihar, and Maharashtra, making it difficult for the Delhi Police's Cyber Crime Cell to pursue legal action in those jurisdictions.

Recognizing the need for coordination among cybercrime cells across various states, Justice Singh directed the Center to convene a meeting of all such cells. The meeting is expected to facilitate coordination in dealing with fraudulent transaction cases. The court ordered that the meeting be conducted by December 20, 2023, at 3:00 p.m.

“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 paased on November 24.

The case is scheduled for the next hearing on February 1, 2024

Case Title: Dabur India Limited v. Ashok Kumar and Ors (a batch of petitions)