Author: Manya Pankaj Kumar Prabhakar, Shree L.R Tiwari College of Law, Mumbai University
ABSTRACT
Cybercrime refers to as an illegal activity committed through the use of computer network and other digital devices.
Digital arrest is a type of cybercrime that has gained attention nowadays and there is the need to enforce modern law to deal with online offenders. In recent years, internet usage and digital services have arisen. Unlike traditional arrest involves physical detention, digital arrest involves detaining individuals for crime committed in the digital realm.
Hence, Digital arrest is a scam which involves fake arrest warrant, threaten people to deceive victims in order to demand money or sensitive information.
This article examines the concept, legal framework, challenges and case studies in India.
Keywords: Digital arrest, Cybercrime, laws, scam, technologies.
TO THE POINT
With the science and technology advancement the dynamics of cyber-crimes has evolved. So, basically digital arrest is a modern type of scam (cyber-crime) where cybercriminals send messages or make calls or video call to manipulate or to trick the individuals into believing they are involved in illegal activities by impersonating law enforcement officials or investigating agencies. Recently PM Modi has addressed the nation his Mann Ki Baat and raised concern against the fraud of digital arrest. He addressed there is no such type of provision i.e. Digital arrest in our constitution. It is a new mechanism to defraud people. Recent years there have been many cases of digital arrest registered.
For example: a) A man in police uniform asking the victim share his Aadhaar number to save his mobile no. from being blocked.
b) A 77-year- old woman from Mumbai was swindled out of 3.8cr by cybercriminals posing as IPS officer.
According to recent govt. data, Indians lost around 120.3 crore rupees due to digital arrest fraud.
As per data made in 2024, over 6k reports of digital arrest came into light with around 6 lakh suspect phone no. were blocked.
For this major growing concern, Indian Government is alerting the public via voice note in every regional language that plays before calling to someone.
CRIME LEADING TO DIGITAL ARREST
A digital arrest has its various forms including: –
Hacking: It is fraudulently acquiring sensitive information like passwords, financial detail of individuals.
Dark Web Activities: Illegal transactions or activities conducted in untraceable sections of internet, such as sale of illegal goods or services.
Pornography: People sometimes unknowingly pick up such calls on which some porn content is shown to them then the offenders call the person alleging them to involve in pornography.
Phishing: It is involving tricking people into giving away sensitive information.
Financial Fraud: Crimes like credit card theft, identity theft carried out online
Child Exploitation and Abuse: Engaging in or facilitating illegal activities related to child exploitation online.
CAUSES OF DIGITAL ARREST
Government Restrictions: – Internet shutdowns, censorship, surveillance for political control or national security.
Financial Restrictions: – Frozen bank accounts, digital wallet bans and cryptocurrency regulations.
Cybercrime: – Hacking, ransomware attack, phishing and identity theft lead to digital access loss.
Geopolitical Sanctions: – Trade restrictions limits access to services.
THE PROOF
As there is no such type of provision in our constitution also said by PM in his Mann ki Baat. Digital arrest is fraudulent tactics used by scammers to falsely accuse individuals of infringing the law.
Here are some proofs of cases of digital arrest scam taken from news headlines:
Income Tax Fraud: A man who is Mumbai based professional received a call from an individual impersonating himself as an income tax officers, threating him immediate digital arrest for unpaid taxes. The victim in fear transferred 50 k to the scammer.
Custom violation deception: A Chennai based resident was hoaxed into paying a massive amount after being accused of custom violations.
Social Media Targeting: An individual who was social influencer was targeted on Instagram by defrauders accusing him of copyright violation and were asked to pay a fine to avoid any legal action.
The above examples are the proof how scammers use to deceive victims in the name of digital arrest. However, government of India is taking an effort to aware individuals. Govt. of India has prescribed some method how to get not trapped in digital arrest scam. Firstly, verify and cross-check the information whether it is scam or not. Secondly, do not share personal details or disclose sensitive information such as OTPs…. Do not click on any suspected or junk messages. Thirdly, Report suspected calls via govt. no. 1930 or visiting govt. official website.
CASE STUDY OF DIGITAL ARREST
Bulli- Bai App Scandal: – The case of Niraj Dashrath Bishnoi Vs. State of Maharashtra (2022) also known as Bulli -Bai Case. It is a digital arrest where Muslims women were targeted and harassed by posting their image for auction.
Mumbai and Delhi Police used cyber forensic and social media tracking tools to identify and arrest the main accused.
Andhra Pradesh Loan App Scam (2020-2021): – Under this case, multiple loan apps in Telangana and Andhra Pradesh were used to extort and harass people. Victims were harassed by app operators. They accessed their contact number and sent derogatory messages to their family member.
Law enforcement agencies used phone tracking and digital payment forensics to trace the perpetrators.
Mumbai Power Grid Attack (2020): – There was a massive power outrage in Mumbai which caused inconvenience to millions of people. Investigation later revealed that this was a cyber-attack on state power grid by foreign hackers. This case led to an increased focus on cyber securities protocols.
Sextortion Scam, Gurugram: Sextortion racket was busted in Gurugram. It is a scam where cybercriminals make fake account on social media and make video call to trap the victim by showing nude pics and video to threaten them to only extort the money
LEGAL FRAMEWORK FOR DIGITAL ARREST IN INDIA
1. Technology act Informational 2000: – It is the foundation of India’s cyber law framework and covers a wide range of cybercrime such as hacking phishing and identity theft. It grants an entity the authority to investigate, apprehend and prosecute criminals.
Sec 66 of IT act deals with the computer related offences for example unauthorised access or data theft and if declared culprit then punishment either up to 3 years or 5 lakh or both.
Sec 67 of IT act covers offence related to obscene content.
Sec 69 of IT act grants the power to monitor, interpret or decrypt information in cases involving national security.
2. BHARATIYA NYAYA SANHITA(BNSS): – Formerly known as IPC provides several provisions that can apply to digital crimes.
For example, Sec 78 of BNS i.e. Stalking and Sec 351 (4) Criminal Intimidation
Stalking: – It means repeatedly following and harassing person by an individual or a group.
Criminal Intimidation: – It means threatening someone with harm to their body, reputation, or property.
3. BHARATIYA NYAYA SURAKSHA SANHITA: – Formerly known as the CRPC provides guidelines for arrest, searchers, and seizures and also apply to cases involving digital evidence.
Under this law enforcement can confiscate electronic devises, freeze bank account or block access to social media accounts.
CHALLENGES FACED BY LAW ENFORCEMENT
Anonymity: VPNs (Virtual Private Networks), encrypted messaging apps and cryptocurrencies make it difficult for law enforcement to trace the identities of digital criminals.
Jurisdictional Issues: Cybercriminals often operate across multiple countries, making it difficult to determine which laws apply and how to enforce them
Rapid Evolving Technology: Evolving of new technologies like deepfakes, voice manipulation, and blockchain transaction create challenges for agencies.
Lack of Resources and expertise: Many law enforcement agencies lack trained personnel in cybersecurity and digital investigations. Forensic tools and expertise are expensive and not available to all agencies.
Legal and Privacy Concerns: Digital arrests require compliance with privacy laws and human rights regulations. Strict privacy law may prevent access to digital evidence.
RECOMMENDATIONS AND SOLUTIONS FOR DIGITAL ARREST
Strong International Regulations and global guidelines on digital arrest should be established.
There should be cybersecurity awareness and legal literacy that means citizens should be informed about their legal rights and legal remedies against cyber detentions.
There should be transparency in digital governance means government and corporations must ensure due process before restricting digital access.
Use of secure messaging platforms to protect privacy especially when dealing with legal matters.
CONCLUSION
Although there is no such type of notion called digital arrest in India. If it is then it is scam. As technologies evolve, methods employed by criminals to trick people became sophisticated. Digital arrest is emerging as one of the most alarming threats in modern world. A large number of cases are coming into light targeting mostly old generation people. Although India is stepping up its efforts to tackle the rise of digital crimes by leveraging advanced technology, updating legal frameworks, and improving international collaboration.
Hence, staying aware and informed is the best defence against such frauds.
FAQS
Q1 What is digital arrest?
Ans: Digital arrest refers to modern type of fraud/cyber-crime where scammers trap the victims via phone calls, video calls, messages impersonating themselves as law enforcement officials or investigating agencies.
Q2 Is there any concept or notion like digital arrest in our constitution.
Ans: No, there is not any concept or notion like digital arrest in India also mentioned by PM himself in his popular Mann ki Baat and disclaimed people about it. Digital arrest is model version of cyber-crime to trap victim in their web.
Q3 What are the prescribed methods taken by government to aware people?
Ans: Government has aware people through messages, caller tune. Not to pick up any scam calls, verify the sources, report the calls to 1930 or visiting govt official website.
Q4 What are the reason behind people get trapped in the web of digital arrest?
Ans: Lack of knowledge among people. Mostly old generations are the victim of digital arrest. Use of advanced AI tools to manipulate voices and fear of arrest led the people to easily get trapped in the web of scammers.
