Introduction

‘Hello, I am a law enforcement officer speaking. We are currently investigating a case related to money laundering, which is linked to your Aadhar Card. Please cooperate or else you will face a digital arrest!’

That’s how Dr. Tandon and her family were cornered by cybercriminals. The result? She and her family were scammed out of Rs. 2.5 crore. But sadly, Dr. Tandon is not alone. 

As per a recent report, India has lost Rs. 120 crore to digital arrest scams, and you know what is more surprising? This data is from a compilation of only the first four months of 2024, not even the whole year. 

So now you must be wondering, what even is a “digital arrest”, and what exactly are digital arrest scams, and are there different types of digital arrest scams?

What are digital arrest scams

Digital arrest scams are a type of cybercrime where cyber criminals pose themselves as different types of law enforcement officers. In one of the digital arrest scam cases in Mumbai, the cyber criminals posed as members of the Special Investigation Team of the Delhi police and scammed an elderly 78-year-old woman of Rs. 1.5 crore. The woman, who is a sister-in-law of a reputed builder, became the target of this scam. 

The scammers told the woman that they had seized a package which contained mephedrone and some money in her name. They further threatened her with legal action and imprisonment as well. The scammers were successful in getting her personal bank details, stating that it would secure her package. Over the next 2 days, Rs 1.15 cr were transferred from her account. 

These cyber criminals also pose as officers from the  CBI, banks, inspectors, income tax officers, etc. 

The modus operandi of digital arrest is that criminals impersonate law enforcement authorities and steal personal information by intimidating and threatening the victims. 

People are often falsely scammed by the criminals telling them about the victim’s fake involvement in a criminal or illegal activity and by threatening legal action. 

Cyber criminals use video calls and phone calls to connect with victims. 

Do you know the National Crime Records Bureau has recorded a rise of 7075 cybercrimes in 2 years? Digital arrest has played a key role in this. It was mentioned by Bandi Sanjay Kumar (Minister of State in the Ministry Of Home Affairs) that the digital arrest scams have increased to 1,23,672 in 2024 from 39,925 in 2022.

Legal provisions and framework on digital arrest scams

As of now, digital arrest is not recognised as an offence under any of the criminal laws in India. The two key acts – Information Technology Act, 2000 (“IT Act”) and Bharatiya Nyaya Sanhita, 2023 (“BNS”) also do not mention digital arrest anywhere. 

However, there are some sections under these acts which can provide protection from this crime. 

In digital arrest, a person is impersonating someone else using technology. So, that person can be charged with:

Section	Explanation
Section 204 of BNS	This provision talks about impersonating a public officer. In digital arrest scams the scammers impersonate as police officers and cheat the people. The person committing this crime shall be subject to imprisonment of 6 months to 3 years, a fine or both.
Section 318 of BNS	This section talks about cheating anyone. In digital arrest scams, people cheat victims by falsely stating the victim’s fake involvement in some criminal activity. They also cheat and threaten the victim by mentioning an arrest for the same, which is to be made or can be made any time in the future. As per BNS, a person can be subject to imprisonment for up to 7 years with a fine.
Section 336 of BNS	Section 336 focuses on forgery. Forgery also concerns digital arrest scams. Scammers pose as law enforcement officers and cheat innocent people, which is considered forgery. Under this section, a person is subject to imprisonment for up to 7 years and may also have a fine.
Section 308 of BNS	This provision explores the concept of extortion. As cyber criminals extort money from the victims during a digital arrest scam, they can be charged under this section as well. Any person who is found guilty of extortion is liable for imprisonment, which can extend up to 7 years, and a fine or both.
Section 66(C) and Section 66(D) of IT Act	These provisions mention identity theft. The scammers behave and act like they are law enforcement officials while they are not, which, in simple words, means identity theft. They steal the identity of someone else and pose like them. Anyone found guilty of the same can face imprisonment of up to three years or a fine which can go up to Rs. 1 lakh.

Mechanism for reporting digital arrest scams

Digital arrests not only drain your bank’s account but can also result in a tragedy. 

A woman from Agra died from a heart attack after getting a call from a scammer who stated that her daughter had been accused of sex trafficking. 

How and where to report a Digital Arrest Scam

So there is a dire need for a mechanism to report these digital arrest scams. People who fall victim to digital arrest scams can contact the helpline for cybercrime (1930), and victims can also file a case on the National Cyber Crime Reporting Portal.

Steps taken by the government to combat digital arrest scams

The Indian government is making every possible effort to curb these digital arrest scams. Below are some of the initiatives taken by the government which can help victims as well as legal professionals when they get cases related to digital arrest scams. 

1. The Ministry of Home Affairs has set up I4C, which is the Indian Cyber Crime Coordination Centre. 
2. The government has also collaborated with various telecom service providers and developed systems which directly block spoofed calls which show an international number but are from India in reality. 
3. The Samanvaya platform is also established. This platform was developed to create a data repository to enhance the ability to find information about cybercrime and details of the criminal. 
4. The Inter-Ministerial Committee on Transnational Cybercrime is also set up to deal with the transnational cybercrimes that are targeting Indian citizens. The main aim is to tackle cyber crimes comprehensively, monitor cybercrimes, report the crimes which are taking place, provide ease in filing complaints, etc.  

 

Shortcomings of the current legal framework

Time and again, our government has tried to strengthen the legal framework along with the reporting mechanism to ensure that these digital arrest scams are curbed. To ensure that digital arrest scams are minimised, we can propose a law which specifically deals with digital arrest or add a chapter regarding the same in the IT Act. 

There is also a dire need to fast-track the cybercrime courts because our regular courts are already buried with pending cases.

NPCI guidelines recognising digital arrest scams

The National Payments Corporation of India (NPCI) has issued the following guidelines to recognise digital arrest scams:

• You should be wary of unexpected calls from unknown numbers from law enforcement officers.
• Always be cautious if the cybercriminals are threatening, and take action fast. 
• You should always stay vigilant when scammers request to have a video call conversation or if they use disguises of police or other law enforcement officers.

You should always get advice from a legal professional if you are not sure about the situation yourself. A legal expert can advise you on how to file complaints and what evidence is to be kept, along with how to protect your rights. One key essential is to remember not to panic.

Preventive measures and due diligence for legal advisors 

Client education

The legal professionals can advise their clients to stay vigilant, especially NRIs and elder clients, on how digital arrests take place. There are some common red flags which can be observed.  For example:

• The main reason for the alleged digital arrest is very vague, like there has been some suspicious activity or some fraudulent transactions were made, a package has been delivered, etc. No concrete evidence will ever be provided as to why an arrest is to be made.
• They will create some fake emergency related to your friends or family. 
• They will always call from untraceable numbers.
• They will always demand immediate payment actions. 
• The payment methods will also be suspicious, like might be in a different form of currency, a particular UPI scanner, or any form of gift cards, etc. 
• They would request your details, like your address, Aadhar, Passport, or bank details. 

Verifications

The legal professionals can advise their clients to make sure that the victim verifies  the caller as well as their professional positions. You can ask to talk to a superior or ask for other information like badge number, etc to cross-check whether they are telling the truth or not. You can also ask them to meet physically at the nearest police station to verify whether they are genuine or not. 

Training on digital hygiene

The legal advisor can train their clients on digital hygiene as well. They can advise the clients not to share their documents on any digital platforms which are not safe. 

Preservation of digital evidence

If, in case, you are a victim of a digital arrest scam, then you can seek advice from your legal advisor on how you can preserve digital evidence to further file a complaint against the scammers and where to file a complaint. 

Conclusion 

In today’s super-digital world, we must stay vigilant. Scammers are getting extremely smart, and they have access to so much technology, which they can use to scam us! We already know that no law enforcement officer is going to ask for money from us if it’s an arrest. 

If an arrest is to be made, the police officers will physically visit your house. India does not follow the concept of digital arrests yet. There is no legal basis for the same in Bharatiya Nagrik Suraksha Sanhita, 2023 (“BNSS”). Arrests don’t just take place virtually! 

To curb and tackle these issues, only laws in place won’t change things; we also need to be more informed citizens, proactive, and responsible. 

So stay smart, stay vigilant and always verify before you get terrified of anything. 

Frequently Asked Questions

How to identify a digital arrest scam?

The scammers might reach you through a normal call or a video call. They will try to make you panic or create pressure on you and threaten you by using various fear tactics. The scammers will ask for your details related to your finances and your Aadhar Card. They might also use fake contact numbers, names, and designations. 

What to do after a digital arrest scam and where to report it?

After you have been a victim of a digital arrest scam, report to the police by calling 1930 or by visiting cybercrime.gov.in. Also inform your legal advisor immediately without wasting any time. 

What is the role of AI in digital arrest scams?

Artificial intelligence plays a significant role in digital arrest scams. Scammers use: 

Sometimes they even use AI deepfake technology to change their appearance to match a real law enforcement officer.

Voice and image modifications to pose as law enforcement officers. 

They use AI to generate fake arrest warrants. 

They also build fake websites and identification cards for themselves using AI. 

Scammers also use AI to manipulate their current locations.