Author: Priyanka Vijay Pawar, Dr Babasaheb Ambedkar Memorial College of Law, Dhule
To the Point
Here when we talk about digital arrest, this turns into a fraud by person who claims to be a legal officer to trap people under the name of arrest on the basis of high saved money. Sometimes this happens when people blindly put trust on the people who pretend as an officer and from this circumstances they face fraudulent person. Digital arrest happens when a fraudster visit someone’s home and pretend as an officer appointed in the legal government department and they start investigating fraudulently with asking your bank details and in this flow more often people become victims in such cases.
Abstract:-
As discussed above in this article, digital arrest is a term which being existed in the society as this world stepped out towards digitalization and with this progress people easily get trapped in with the words said by strangers who visit your home under name of the government officer and they try to make you frighten and put you in the worries . This is nothing but totally a cyber fraud. In India there is law which protects commons and that law is Information Technology Act of 2000.
Use of Legal Jargon:-
As per the term Digital Arrest, it is a scam which is using to threat victims by fraudster, sometimes they visit for the intention of arresting someone by freezing bank account and used threats to get their money illegally, and here I must mention,if someone comes to arrest you on the basis of money or income,then an accused must be informed by the legal authority, if they failed to do so and not giving any prior notice then an accused themselves is free from being arrested. Because without legal evidence and notice, no one can be arrested, although frontier is a legal official, victims are allowed by law to file FIRat their local police station.
The Proof:-
Digital Arrest also turns into cyber crime in the modern days. It usually happens due to online payments and sometimes there is financial fraud risks. Cyber security is become a most challenging issue nowadays, this is a media by which it becomes easy to steal online data of any person and through which common people falling victim in such cases. Cyber security has been a need of era, because often people who are unaware about this easily falling victims and these Fraudsters take disadvantage and later this results to fugitive. Now these cases usually found on the various social media accounts. There are some sections given under Bhartiya Nyaya Sanhita,2023 and they are :-
Section 127,308,318,319,335,337,and 54, these sections are given to protect people from being victim in the cyber scam.
Case Laws
CBI Officer Cyber Fraud (Scam),2024:-
In this case an elderly woman fell victim in cyber fraud. When a person claimed to be a CBI Officer and this person was continuously in the contract of victim. He He pretended that this case is being investigated by the Central Bureau of Investigation and that man threatened woman here with digital arrest and also threatened her children to arrest. And as she came to know about the fact she filed complaint at the police station against that fraudster. Fraudster confessed his crime and also confessed to return the amount he stole from an elderly woman.
FAQS
Q: What is Digital Arrest?
Ans:- sometimes someone can threat you digitally via any online platform such as social media etc. who can pretend himself or herself as an officer and can get information from you under the name of arresting you. This is also called Cyber Scam.
Q: Is there any law existing for this Scam?
Ans:- Yes, Information Technology Act,2000 and Bhartiya Nyaya Sanhita (BNS) 2023 in these Acts there are Sections given to protect commons from falling victim.
Q: Why does ‘Digital Arrest ’ happen?
Ans:- It is happening due to the lack of cyber securities and sometimes when people make online transaction and share anything personal details on social media, then these Fraudsters put watch onto our activities and then make us phone call or visit our home to falsely arrest to snatch our money.
