New Delhi, Apr 20 (PTI) Chief Justice of India (CJI) Surya Kant on Monday said in cases of members of organised cyber-crime networks, courts may be required to assess bail pleas beyond individual complaints and "situate such allegations" within the broader architecture of organised criminal activity, bearing in mind the scale, coordination and potential continuing impact of such networks.
The CJI also suggested that fund transfers to foreign accounts may be briefly paused to allow verification of the account holder, thereby deterring cybercriminals in the country, and underlined that legitimate businesses may be spared from such action.
Delivering the 22nd D P Kohli Memorial lecture, an annual event to honour the founder director of the Central Bureau of Investigation (CBI), on "Challenges of Cyber Crime-Role for Police and Judiciary", the CJI said cyber crimes are not just economic offences but "crimes against human dignity" that exploit systemic trust.
"Closely allied to this is the evolving dimension of bail jurisprudence in such cases. Where an accused is alleged to be part of an organised cyber-fraud network, often spanning multiple jurisdictions and involving numerous victims, the assessment cannot remain confined to the facts of an individual complaint.
"Courts may be required to situate such allegations within the broader architecture of organised criminal activity, bearing in mind the scale, coordination and potential continuing impact of such networks," he said.
The CJI said at the same time, it is important to reaffirm that the core principles of justice -- fairness, natural justice and accountability -- remain unchanged.
"The challenge is not to abandon these principles, but to apply them meaningfully in a transformed context," he said.
"In doing so, the judiciary does more than resolve disputes. It shapes the normative framework within which the digital society operates. It ensures that even in a world of algorithms and networks, the rule of law remains human at its core," he said.
Justice Kant said the judiciary must also grapple with this pace of technology, making judicial training paramount.
He asserted when it comes to dealing with cyber criminals, police and the judiciary are twin pillars.
The CJI said courts must be equipped not only with legal knowledge but with technological understanding.
"Legal processes, by design, are deliberative. Technology, by contrast, evolves rapidly. Bridging this gap requires procedural, institutional and intellectual innovation," he said.
Underlining that more than Rs 44,000 crore have been siphoned off by cybercriminals from India in 2024 and 2025, with the home ministry alone reporting Rs 30,000 crore stolen through digital-arrest scams, the CJI said barely 10 per cent of the defrauded amount could be traced or recovered.
He suggested a reorientation of approach, where institutional responses are not only reactive but also proactive, not only procedural but also strategic.
The CJI called for real-time information sharing among agencies and using technology to ascertain whether an account receiving the funds is based in India or abroad.
"Transactions involving the transfer of funds to foreign accounts may be briefly paused to allow verification of the account holder. The next step could be the automated freezing of such transactions where concerns arise. At the same time, legitimate Indian businesses with established roots in India can be appropriately exempted from such measures," he said.
The CJI said the geographical location of any suspicious receiving account should be promptly identified and shared with agencies in India and, if abroad, with the designated agencies' counterparts.
"This coordinated approach would enable timely verification of the account holder and facilitate swift action, including the suspension or freezing of transactions where required," he said.
The CJI also suggested steps, such as integrated command structures capable of coordinating responses across sectors and agencies, standardised protocols to ensure consistency, clarity and accountability in action, and technological interoperability, allowing systems across institutions to communicate seamlessly with one another.
"Unlike traditional crimes, cyber offences are not constrained by proximity or opportunity. They are engineered, they are scalable and most importantly, they are designed to exploit trust at a systemic level," he said.
The CJI said cyber-crime networks are adaptive, shifting operations across regions in response to tightening enforcement and constantly evolving, using encryption, anonymisation tools and digital currencies, further complicating tracing efforts.
"The result is a form of criminality that is not merely transnational but de-territorialised. It compels us to reconsider the very foundations of investigative jurisdiction and to move towards models that are cooperative, flexible and anticipatory," he said.
Justice Kant also suggested that the agencies adopt a truly victim-centric approach, in which systems must be designed not only for efficiency but also for accessibility and empathy.
"It is important to recognise that a significant number of victims of cyber fraud are often retired persons and senior citizens, many of whom lose not merely disposable income, but their entire life savings accumulated over decades of honest work," he said.
He said reporting mechanisms must therefore be simple, accessible and reassuring, with minimal response times, particularly in the crucial initial hours when recovery may still be possible.
"At the same time, institutional support must extend beyond legal processes to include sensitivity towards the psychological impact of such offences, ensuring that victims are treated with dignity, patience and understanding," he said.