Judicial Precedents On Vishing And Online Fraud
1. State of Maharashtra v. Sandeep Soni (2019)
In this case, the accused, Sandeep Soni, was involved in a vishing scam where he impersonated bank officials to deceive individuals into revealing their personal banking information. The court convicted him under Sections 419 (cheating by personation) and 420 (cheating) of the Indian Penal Code (IPC). The judgment emphasized the seriousness of cybercrimes and the need for stringent legal provisions to address such offenses.
2. National Association of Software and Service Companies (NASSCOM) v. Ajay Sood (2005)
This case was pivotal in recognizing phishing as a form of internet fraud in India. The Delhi High Court held that phishing, where individuals impersonate legitimate entities to extract personal information, constitutes a fraudulent act under the Information Technology Act, 2000. The court issued an injunction against the accused, setting a precedent for future phishing-related cases.
3. Hare Ram Singh v. Reserve Bank of India & Ors. (2024)
In this landmark judgment, the Delhi High Court directed the State Bank of India (SBI) to compensate a victim of cyber fraud. The court found that SBI failed to act promptly after the fraud was reported, highlighting systemic lapses in the bank's response to such incidents. This ruling underscores the critical responsibilities of banks in protecting customers against cybercrime.
4. West Bengal Court Sentences Nine to Life Imprisonment in 'Digital Arrest' Scam (2025)
A significant case in West Bengal involved a 'digital arrest' scam where scammers extorted ₹1 crore from a victim by threatening him with a fabricated online court hearing. The court sentenced nine individuals to life imprisonment, marking one of the first instances in India where such severe penalties were imposed for cybercrimes. The case highlighted the growing sophistication of online frauds and the judiciary's commitment to combating them.
5. Indian Textile Baron Duped in Fake Supreme Court Hearing (2024)
In a high-profile case, S.P. Oswal, chairman of Vardhman Group, was deceived by fraudsters who staged a fake online Supreme Court session, impersonating officials and threatening him with 'digital arrest.' The scammers extorted $830,000 from Oswal before being apprehended. This incident brought attention to the increasing prevalence of impersonation scams and the need for heightened vigilance among the public and authorities.
These cases illustrate the judiciary's proactive stance in addressing vishing and online fraud, emphasizing the importance of legal frameworks in combating cybercrimes. As digital platforms continue to evolve, it is imperative for both individuals and institutions to remain vigilant and informed about potential cyber threats.
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