The title is painful but harsh reality of Digital India. UPI transactions volume in Dec-23 was Rs 7,030.51 million. As per RBI statistics RTGS/NEFT total Volume (in actual) was 362258139 transactions’ Valued at Rs. 803344 Lakhs with 79838949 active customers using internet banking. On the flip side of this digitalised India, we are also witnessing the sharp and exponential growth in cyber-crimes. As per NCRB, December 22 published statistics, the cybercrimes grew by 24.4% YTY. Though the NCRB report says only 65,893 cyber-crimes were registered in India in the year 2022, the people at large are knowledgeable enough to read between the lines.
The RBI is coming up with various awareness campaigns, spending huge money from its exchequer, with tagline, “Jaankar Bano” is also one of the indicators of growing cybercrimes across the country.
The way government had devised 1930 mechanism for reporting cyber frauds or www.cybercrime.gov.in portal for online registration of complaints related to cybercrime’s, is another evidence of the growth of cyber-crimes in geometrical progression. And now with more thrust on AI, there is possibility of emergence of cybercrimes, which are never heard of.
The headlines related to cybercrimes available on 2/1/2024 at 10.35 am at https://cybercrime.gov.in/Webform/dailyDigest.aspx is also very scaring.
1) India to ban URLs of 9 crypto exchanges, including Binance, for non-compliance with anti-money laundering law – India Today
2) Female lawyer & accomplice arrested for duping woman of ₹55.35 lakh in YouTube task scam –
Free Press Journal
3) Man loses Rs 2.3cr to online fraud, gets back Rs 1.2 cr 6 days after lodging complaint -Times of India
4) J&K cyber wing arrested one cyber-criminal from Tamil Nadu in connection with its ongoing investigation into an alleged multi-crore investment scam. – Kashmir Observer
5) 19-year-old man from Rajasthan arrested in sextortion case -Hindustan Times
6) Hyderabad Cyber Crime Police arrested a person from for cheating a woman for committing job fraud –
Indian Express
7) Researcher loses Rs 2.1 crore to cyber fraud- Indian Express
8) A 27-year-old employee of a finance company was duped by cyber crooks of Rs 18.25 lakh for completing online tasks -Times of India
9) Bharatpur’s Deeg Emerges As New Cybercrime Hub; Training Centers In Village Teach Scams & Frauds-
Free Press journal
10) 8 held In Nawada for luring men online in paying hefty money for ‘impregnating women – Free Press journal
A bare perusal of these news suggests that on an average almost 5 Crore is reported to be lost to cyber criminals out of which 1.2 Cr could be retrieved immediately. So, it would not be wrong if we presume that on an average an amount lost to cyber criminals could be Rs 1 to 1.5 Cr per day, making 30 Cr per month and about 360 Cr per Anum.
What happens to this huge amount? Is filing FIR and awaiting police investigation and filing chargesheet etc. is the only option? Is there any civil remedy, alternatively, available to such cyber crime’s victim for recovery of their hard-earned money?
According to Information Technology Act 2000, civil remedies are prescribed in Section 43 and 43A (now repealed after passing of DPDPA 23). As per section 46, Adjudicating Officer is designated to look after such civil cases or complaints filed under section 43. It is prescribed in The Information Technology (Qualification and Experience of Adjudicating Officers and Manner of Holding Inquiry) Rules, 2003, 4K, states that these Adjudicating Officers will adjudicate the complaints reported to them as far as possible within SIX MONTHS from date of complaint.
In layman’s understanding the provisions under 4K are reasonable as Adjudicating Officers, being the Information Technology Secretaries of each state, are expected to be highly techno-savvy and capable of conducting online hearing by prescribing their own procedures following principal of natural justice. They are not strictly required to go by provisions of CPC or Evidence Act etc. So, it was expected from these Adjudicating Officers to deliver judgements speedily and as far as possible within Six Months.
But the reality is terrifying.
The author represented before various Adjudicating Officers across India and plight of civil litigation across India in I T Litigation, is same. The Adjudicating Officers are not practicing what is expected of them. It was expected that complaints filed under section 43/43A would be disposed off within six months but the reality is that many of the complaints filed in year 2015 onward are not yet even heard once.
The Adjudicating Officers being IAS officers are not easily accessible to the litigants nor they are practicing judicial practices and procedures like publication of cause list or fixing timely hearing of the complaints registered before them. Nor they have any procedure set up by themselves for disposal of the complaints and on top of it they are not monitored by any arm of Judiciary, neither the High Court nor the Supreme Court. In simple understanding, these Adjudicating Officers are answerable to none.
Now readers can understand that what could be the plight of litigants availing Civil remedy prescribed under Information Technology Act. On one hand India is eying to be 5 trillion economies in near future and with much use of emerging digital technologies, it is certainly a possibility. It is obvious and it is predicted that there would be a huge surge in cyber-crimes.
There are only two remedies available for victims, Civil and Criminal. Outcome of Criminal remedy revolves around various factors and hence time consuming. The only ray of hope for victim is early relief through Civil remedy. But with the snail’s speed of Adjudicating Officers, this hope of early justice is also shattered.
It is expected that this publication will reach to either Judges of Hon High Court or Hon Supreme Court and as guardians of justice and duty-bound to supervise lower judiciary, they will initiate some prompt action to cleanse the Civil Litigation prescribed in Information Technology Act 2000.
Adv Dr Mahendra Limaye
Cyber Legal and Data Privacy Consultant
9422109619/8830139056