By Utkarsh Tiwari
Digital arrest is an emerging form of cybercrime where fraudsters impersonate law enforcement officials to intimidate victims and extract money. These scammers pose as police officers, CBI agents, or other government authorities, using threats of arrest or legal action to instill fear. Victims, pressured to avoid legal consequences, often comply by paying fines or bribes. In some cases, fraudsters exploit artificial intelligence to mimic the voices of victims’ relatives, further deceiving them.
Beyond monetary extortion, digital arrest scams frequently involve identity theft. Scammers obtain sensitive personal data such as Aadhaar numbers, banking credentials, and card details, leading to financial fraud. Recent reports indicate a sharp rise in such cases, with India losing nearly Rs 1,750 crore to cybercrime in 2024 alone.
Common tactics used by fraudsters include phone calls, text messages, and video calls via platforms like WhatsApp and Instagram. To enhance their deception, they may wear uniforms or create fake courtrooms. Several high-profile cases in India illustrate the severity of this crime, with individuals losing significant sums due to digital arrest scams.
Indian law does not recognize digital arrests as legitimate. Authorities, including the Indian Cyber Crime Coordination Centre, have issued advisories warning citizens that agencies like the CBI, police, and ED do not conduct arrests via digital means. Legal provisions under the Bharatiya Nyaya Sanhita (BNS) and the IT Act, 2000, address cyber-related frauds, but stricter enforcement and awareness programs are needed.
To combat digital arrests, the government has taken measures such as blocking fraudulent accounts, launching awareness initiatives, and establishing cybercrime helplines. Public vigilance, legal awareness, and immediate reporting of suspicious activities are essential to preventing these scams and ensuring cybersecurity.
Digital Arrest
Digital arrest refers to a type of Cyber crime were fraudster act like law enforcement official to intimidate and extract money from victim. In digital arrest, fraudsters pose as police officers, CBI agents or other government officials, the fraudsters use threats of arrest or legal actions to instill feeling of fear in the mind of victim by which victim loses control and falls to the fraudsters. To avoid arrest or any other legal consequences, victims are pressured to pay some amount of money as fine or bribe to that fraudster to withdraw the arrest or other legal action.
Scammers may also attempt to steal/obtain personal information of victim such as their bank account details; password, debit / credit card number, their Aadhaar number and other personal detail to steal money from their bank account. There is an emerging cybercrime in the form of digital arrest where criminals use digital tools like Artificial Intelligence to threaten people and demand money.
Usually, fraudsters threaten that the victim’s son/daughter has been arrested in a hotel room or dealing with illegal drugs, arms or weapons, they then issue the ultimatum that if you want to save them, then pay the settlement amount, the fraudsters use AI to make the voice on the phone to assure victims that their child is in trouble.
The Indian Cyber Crimes Coordination Centre has issued a press release in which citizens have been assured that law enforcement agencies like CBI, police, customs, ED cannot arrest digitally.
India’s lost nearly Rs 1750 crore to cybercrime in 2024 with over 740,000 complaints registered through the national cyber crime platform; in cybercrime, money is the main motive with 85% cases being online financial fraud. Financial fraud increased 1000% in the last five years. Through digital arrest approx Rs 120 crore were looted. A survey conducted in the last three years found that 47% urban Indian households reported one or more financial fraud; UPI credit card fraud is the most common.
The survey of 23,000 respondents from 302 districts by local circles said over half of the people also experienced unauthorized charges levied on their cards by domestic or international merchant/website.
How Digital Arrest Works
Digital arrest is a technique where defrauder/scammers contact victim via phone calls, text message or with the help of other social media platform. They often switch to video communication platform like Whatsapp, Instagram etc to appear more legitimate, they wear the uniform of police officers and sometimes they make a court room to dupe the victim. There are several number of crimes which are leading to digital arrest some of these are follows :-
Hacking is unauthorized access to the desktop and phone of people to get all the personal information of person.
Cyberstalking means have a keen eye over people and get access to the social account of individual by which fraudster use digital platform to harss stock or threaten the victim.
Financial fraud are the one of the most famous form of the digital arrest where crimes are like credit/debit card theft , identity theft and other offences of same nature here falls allegation of illegal payment from their account is made against them and hence try to trap them in this offence.
Cases of Digital Arrest
Digital Arrest Case in Karnataka: In May 2024, a victim from Kodagu lost Rs 2.2 crore to fraudsters who impersonated police officials. The cybercrime police in CID arrested five suspects, including one from Dubai, and recovered Rs 1.7 crore, $7700, and a high-end car.
Digital Arrest Scam Targeting a Software Engineer in Bengaluru: A 39-year-old software engineer in Bengaluru was targeted in a scam where fraudsters claimed his Aadhaar card was linked to money laundering activities. The victim was coerced into transferring Rs 11.8 cr.
Digital Arrest Scam in Noida: A woman in Noida, Uttar Pradesh, was duped of Rs 34 lakh by cyber criminals who threatened her with fake notices from the Enforcement Directorate.
Digital Arrest Scam Targeting a Doctor in Lucknow: A senior doctor from Lucknow’s SGPGIMS lost Rs 2.81 crore after being falsely accused of involvement in money laundering and human trafficking cases.
Laws for Protection Against Digital Arrest
In the Indian legal system with changes in technology and social environment legal system has also adopted gradually, to deal with digital crimes. As digital arrest has risen recently, there is no particular law on it but primary laws which can govern digital arrest including :-
BNS (formerly the IPC) provides some provisions which can apply to digital crimes.
- Section 111 of BNS deals with organized crimes and their punishment. It involves continuing any unlawful activity including cyber-crimes either singly or jointly. It also covers organized crime Syndicates.
- Section 204 BNS (IPC 170) deals with the punishment for personating a public servant.
- Section 351(4) BNS (IPC 507) deals with criminal intimidation by anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes.
• The BNSS formerly known as Crpc provides guidelines for arrest and it also applies to cases involving digital offences. Under this sanhita law enforcement agencies can confiscate electronic devices, freeze bank accounts or block access to social media accounts as part of an investigation but there is no provision for digital arrest in any procedure under the sanhita.
• Digital forensics technology is used by law enforcement agencies to collect, analyze and preserve electronic evidence and this technology is also used to track IP addresses and decrypting communication on encrypted platforms.
• Online surveillance technologies like geo-fencing and real-time monitoring help authorities identify and track suspected criminals. Social media platforms like Telegram, Facebook, Whatsapp, Instagram, Skype etc. have become hotspots for illegal activities and financial fraud. These surveillance agencies use artificial intelligence and machine learning tools to track suspicious activity on social media.
• Information and Technology Act, 2000: It is the foundation of India’s cyber law and covers many cyber offences. It empowers agencies to investigate, arrest and prosecute offenders.
- Section 66 deals with offences like data theft and unauthorized access and provides punishment up to 3 years or a fine up to 5 lakh rupees or both.
Steps Taken by the Government Against Digital Arrest
The government has blocked more than 1000 fraudulent Skype accounts which were linked with blackmailing, extortion and offences like digital arrest. Several alerts and awareness programs have been run on social media platforms like ‘cyberdost’ and others. A helpline number 1930 has also been issued by the government and whoever receives any such call may immediately report the incident on the helpline number or on the website of the National Cyber Crime Reporting Portal .
The government of India has entered into a bilateral agreement with other countries for cybercrimes to allow the exchange of information and evidence to enforce laws and to deter such cybercrimes.
Safeguard Yourself from Digital Arrest
Verifies Identity: Always verify the identity of person who is calling you. Law enforcement agencies do not demand for payment/money over the phone through online platform.
Avoid sharing personal information: Do not share your personal information like bank account details, password or any other identification number over the phone or through other media platform to anyone unless you are absolutely certain of callers identity.
Beware of Spoofed Numbers: Offenders use technology to make their phone numbers appear likely to be of government agencies or law enforcement officials. The government must spread awareness as to the illegality of such calls on behalf of any government agency. It must be spread through online and offline modes that government agencies never make such calls.
Seek Legal Advice: Anyone who believes themselves to be a victim of digital arrest must if possible seek advice from legal experts as to their position regarding digital arrest and its validity.
Report Suspicious Activity: If anyone notices suspicious activity on their accounts or receives any suspicious messages or emails they must report it to the local police or cybercrime helpline number or National helpline Number 1930 and can also file a complaint on the National cyber-crime reporting portal.
The rise of digital arrest is a notable threat to the cyber security of any nation. It is a pervasive and evolving threat in the field of Cyber crime; the fraudsters take advantage of people unawareness and weakness either in personation or by coercive measures. They often use fear as a powerful tool to manipulate individuals and to exploit their vulnerabilities to commit this crime.
Public awareness and education play a vital role in preventing these scams and insuring that the digital landscape remain safe and secure for everyone .It is known that the code of India +91 so people much generally avoid picking up such calls to prevent themselves from falling into the grip of this office.
—Utkarsh Tiwari is a final-year LL.B. student of City Academy Law College, Lucknow