Cyber Crime- "Need To Nab Criminals, Solve Cases & Educate General Public": Patna HC Decides To Interact With Bihar ADG

The Patna High Court on Wednesday said that criminals who are involved in cybercrime should be caught and the cases should be solved and that the general public should be educated so that they do not fall victim to cybercrime.

The Bench of Justice Sandeep Kumar observed thus while dealing with an anticipatory bail application of a person operating from Nawada city in Bihar, who was allegedly found in possession of mobile phone numbers contained in 28 pages for the purpose of cheating the general public at large.

While denying him anticipatory bail on October 21, 2021, the Court had issued a show-cause notice to the Investigating Officer of the case (in which the bail applicant was involved) as to why the accused persons of the case had not been arrested though the cybercrime case was of the year 2020.

He was also asked to inform the court about the steps taken for apprehending the accused persons and reasons as to why they were not apprehended by the police for such a long time.

Importantly, before parting with the case, the Court had remarked thus:

"This kind of crime is rampant in the area falling in the jurisdiction of Warisaliganj police station and this Court cannot allow Nawada to become another Jamtara."

Thereafter on November 17, the Superintendent of Police, Nawada was asked to file a compliance affidavit personally with regard to the queries raised by the Court regarding cybercrime in the area of Nawada, Bihar.

Further, the Court had also remarked thus:

"It has come to the knowledge of this Court that cybercrime is rampant in the district of Nawada especially in Warsaliganj Police Station and whenever police come from outside the State and reach within the jurisdiction of Warsaliganj Police Station to arrest the criminals, in most of the cases criminals are informed about the arrival of the police from outside the State and as such, criminals are not arrested. This cannot happen without the connivance of the local police especially the police officials of Warsaliganj Police Station."

Lastly, the Court had observed that Superintendent of Police, Nawada cant shirk from her responsibility for the illegal acts being committed by her subordinates.

"Being head of the Police in the district, she has to see that persons of impeccable integrity are posted as Officer in Incharge of the Police Stations in the district which is necessary for crime control. This report must be filed by the Superintendent of Police, Nawada herself," the Court had added.

Further, on November 24, the Court perused the affidavit filed by the Superintendent of Police, Nawada, and noted that cybercrime and Social Media Units have been constituted in Nawada as well other districts, and they are run by some data entry operators as well as some police officers also.

In this regard, expressing its concern over cybercrime and stressing the need to educate people, the Court said that it was desirable that it interacts with the A.D.G. (Modernization) and A.D.G., State Crime Record Bureau.

Therefore, the Court listed the matter for hearing on November 29 and also asked the Additional Solicitor General to appear in the case to assist the Court.

Case title - Shiva Kumar v. State of Bihar 

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