
5 min readNew DelhiUpdated: Jul 16, 2026 12:56 PM IST
Investigation of cyber fraud offences stands on an altogether different footing from conventional criminal investigations, said the Madhya Pradesh High Court. (Image generated using AI)
The Madhya Pradesh High Court has highlighted that the victims of cyber fraud lose savings in minutes, but the investigations often take days, as it called for real-time coordination among police, banks, telecom companies and online platforms in a case of online fraud faced by a woman.
Justice Himanshu Joshi was hearing a petition filed by one Chaitali Mittra against the superintendent of police and others in an online fraud case. During the hearing, the Superintendent of Police, Jabalpur, personally appeared before the court along with the station house officer of Gorabazar Police Station and the investigating officer to explain the progress made in investigating an alleged cyber fraud.
“Investigation of cyber fraud offences stands on an altogether different footing from conventional criminal investigations…Cyber fraud is a crime where every second is of significance. Prompt reporting by the victim, immediate freezing of accounts by banks, real-time sharing of information by financial institutions, expeditious response by telecom service providers and social media/intermediary platforms, prompt action by investigating agencies and seamless coordination amongst police authorities of different states are all indispensable for an effective investigation,” the court said on July 14.
The case arose from a cyber fraud complaint in which investigators informed the court that the principal suspect has now been traced to Assam. Noting that the issues raised extend well beyond one individual case and concern the broader framework governing cyber crime investigations across the country, the high court directed that the Union of India, the Reserve Bank of India and multiple state police authorities be brought into the proceedings.
The investigating machinery must necessarily move faster than the cyber offenders, the Madhya Pradesh High Court said. (Image enhanced using AI)
Cyber investigations take time
During the hearing on July 14, the superintendent of police told the court that the complaint was immediately forwarded to the cyber cell after it was received. He explained that cyber fraud investigations depend heavily on information from banks, each of which has separate nodal officers located at different places.
According to the police, even obtaining preliminary responses from these nodal agencies generally takes three to five days, delaying the investigation at the very initial stage. The officer further submitted that many cases require assistance from police authorities in other states where transactions or suspects are located.
Such cooperation is not always received promptly, resulting in additional delays. Police also informed the court that fraudsters increasingly use so-called “mule” or “null” bank accounts opened in the names of innocent persons and rely on encrypted communication platforms such as Telegram.
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Investigators have to approach intermediaries for IP logs, subscriber information and other technical data before identifying the actual perpetrators, a process that consumes considerable time. By then, accused persons often change locations, dissipate the proceeds of crime and erase electronic evidence.
Centre, RBI, telecom
Finding that the issues transcend the facts of the present case, the high court directed the petitioner to implead the Union of India through the Ministry of Home Affairs, the Union of India through the Department of Telecommunications and the Reserve Bank of India.
The court said their assistance would be necessary to examine whether an effective nationwide mechanism can be evolved for faster cyber crime investigations and real-time exchange of information. The superintendent of police also informed the court that investigators had traced the present location of the principal suspect to Assam.
Accepting the petitioner’s request, the court directed that the director general of police, Assam, be impleaded as a respondent. It further ordered the state to ensure service of notice upon the directors general of police of West Bengal, Jharkhand and Assam.
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Considering the importance of inter-state coordination, the high court directed all three DGPs to remain personally present before it on the next date of hearing along with complete status reports detailing the action taken by their respective departments.
Delay benefits offenders
Delay at any stage of the process directly benefits the offenders, who exploit the technological advantages for concealing their identity and siphoning the proceeds of crime beyond the reach of law enforcement agencies, the court said.
The investigating machinery must necessarily move faster than the offenders, it added.
The court further said that unless information gathering, technical analysis and field investigation are integrated under a dedicated and coordinated investigative framework, the object of prompt detection and recovery is likely to be defeated.
There is an urgent necessity for establishing and streamlining a coordinated mechanism involving investigating agencies, banking institutions, telecom authorities and intermediary platforms, it added.
This is needed so that real-time information may be exchanged and immediate action may be taken for tracing offenders and preserving electronic evidence, it said.
Such procedural movement of files and requests enables the perpetrators to remain several steps ahead of the investigating agencies, said the high court.
Next hearing
The matter has been listed for further hearing on July 21 when the Union Government, the Reserve Bank of India, the newly impleaded respondents and the concerned state police authorities are expected to assist the court in creating a more coordinated and effective framework for investigating cyber fraud cases.
Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system.
Expertise
Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including:
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Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More
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cyber crime
Cyber fraud
Madhya Pradesh High Court
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