Telecommunications operators design Hc Ire | Patna News


Patna: The Patna High Court has demanded an explanation from the State Police, Bihar Telecom Operators as well as the Ministry of Telecommunications regarding the breach of Telecom Regulatory Guidelines for FIR registration in Cybercrime cases committed through the use of counterfeit SIM cards.
A single bench of justice Sandeep Kumar, while hearing an application for early bail for one Shiv Kumar, issued several instructions to the authorities concerned regarding the violation of TRAI guidelines by telecom operators, the telecom department and the state police. The court’s instructions and submissions were uploaded to its website on Friday.
The court advised against the practice of telecom operators to send the complaint letters to the DGP office regarding any fraudulent purchase of sims or any other cyber crimes complaints instead of filing an FIR. He sought to find out from the telecommunications operators why they should not be penalized for their “apathetic approach” by filing FIRs before the respective SHO in the area.
The court observed: “Cybercrime begins with the sale of sims to cybercriminals based on false documents. Once this falsification is committed, cybercriminals, who use the SIM card by obtaining it on the basis of false documents, can no longer be traced and it is the general public who must suffer. The particular guideline for FIR registration or complaint by telecom companies is not just a procedure to be followed by them. If the case is registered at the right time regarding a particular crime, the police will be activated and people using sims based on false documents can be tracked down and arrested in time. If no FIRs are registered on complaints filed by telecommunications companies, cybercriminals operating in the state can never be tracked down and arrested.
The court also ordered the DGP and ADGP (Headquarters) to send a letter to all Chief Superintendents of Police/Superintendents of Police informing them that in the event of cybercrime related to phishing frauds in their jurisdiction, they must share the details with the Law Enforcement Branch and the Investigation Section of the Income Tax Department. That case will now be heard on February 7.
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