Involvement of Bank Officials In Leaking Details Leading to Cyber Crime: Patna High Court Directs Thorough Investigation

The Patna High Court has directed proper investigation in a cybercrime matter where charges were levied under Sections 419 read with 420 of the IPC and Section 66(B) of the I.T. Act.

Justice Sandeep Kumar observed,

"This Court understands that local police is handicapped in investigating the cyber frauds and for that, it has to take help of other police officials of the district. In the opinion of this Court, any cyber fraud is committed by the cybercriminals only after the bank account details, phone numbers of account holders are leaked by the Bank employees."

Background

The petitioner accused was found in possession of mobile phone numbers containing 28 pages for the purpose of cheating the general public at large. Earlier, the Court had refused his anticipatory bail. While refusing anticipatory bail the Court directed the Superintendent of Police to take coercive steps against the accused and others involved in the matter. It also sought a detailed reply on the overall situation of cybercrime in the region.

Given the rampant cyber crimes in the District, the Court also took note of an incident where a lawyer has been abusing the Judges of the Supreme Court including the then Chief Justice of India, Patna High Court Judges as well as the Union Law Minister and other dignitaries through social media platforms. As the abuse was not reported by the social media platforms, the Court took up the matter. It directed the Economic Offences Unit to register an FIR in the said matter.

Findings of the Court

On the date of the hearing, the Superintendent of Police informed that they are taking all steps to nab the cybercriminals and other criminals who are involved in these kinds of crimes and many of those criminals have been arrested. In furtherance of the same, the Court observed that it is expected that the Director General (Investigation), Income Tax Department, Bihar, Patna, and the Deputy Director, Enforcement Directorate, Patna, will act upon the information supplied by the local Police and after inquiring about the source of the properties/huge wealth amassed illegally by those criminals, they will take all steps under the Income Tax Act and Prevention of Money Laundering Act.

The Senior Superintendent of Police submitted that because of the faulty 'App' this kind of cybercrime is happening in the Bank and he had a meeting with the P.N.B. officials and has also found fault in their 'Apps'. He has also pointed out that steps have been taken by the Central Bank of India for minimizing cyber crimes. The Court directed,

"The P.N.B. is directed to consult the Central Bank of India if they adhere to minimize cyber frauds in Bank and make necessary modifications in their 'Apps' so that people at large are not cheated by the cybercriminals."

The Court noted that the Bank Officials are fully involved in such frauds; one of the employees of the P.N.B. was involved in cybercrime and has been arrested and without his connivance, this kind of crime could not have happened. It further directed that the Senior Superintendent of Police, Patna, shall not use this order to arrest the accused but if materials come during investigation then, he should not spare anybody including any of the Bank officials.

It also directed the bank to file its reply before the next date of hearing and to give a clear statement as to when they are going to reverse the cheated amount to the account holders or they have already reversed the cheated amount to the account holders.

The matter is posted on January 27, 2022.

Case Title: Shiv Kumar v. The State of Bihar & Ors.

Click Here To Download The Order

Read The Order