Author: Ritika Singh, Jaipur National University
TO THE POINT
A digital arrest scam is a contemporary type of cybercrime in which thieves pose as representatives of law enforcement or regulatory organizations, such as the Police, CBI, Enforcement Directorate (ED), Customs Department, or even bank fraud teams, such as those from the RBI. Scammers use phony phone numbers, WhatsApp calls, or video conferencing services to get in touch with a victim and make up a serious accusation, including money laundering, illicit parcel delivery, drug offenses, or questionable financial transactions. They frequently show falsified notices, bogus ID cards, or screenshots of fictitious FIRs and court documents to make the scenario seem authentic.
The scammers tell the victim that they are “under investigation” or “in virtual custody” until the matter is settled, and they give them instructions to stay in constant contact over a video chat whenever the victim exhibits fear or perplexity. “Digital arrest” is the term used to describe this coerced online presence. Scammers attempt to psychologically control the victim during this time, cut them off from friends and family, and coerce them into disclosing private financial information, screen-sharing their gadgets, or sending money straight to purported “verification accounts.” Extortion is the ultimate goal of the fraud, whether by voluntary transfers made under extreme coercion and fear of legal repercussions or through unlawful withdrawals.
ABSTRACT
In India, digital arrest scams are a growing type of cyber-extortion in which con artists pose as law enforcement, the CBI, the ED, or other authorities and falsely accuse victims of committing crimes including money laundering or parcel trafficking. Scammers instill anxiety and compel victims to stay online as though they are in “virtual custody” by using forged IDs, video calls, and bogus notices. They put pressure on people to give personal information, transfer money, or divulge bank data during this time. These frauds prey on people’s lack of digital awareness, their abuse of official symbols, and their innate fear of facing legal repercussions. The way these frauds operate, the applicable laws, the kinds of evidence required, pertinent case law, and preventative measures are all covered in this article.
MODUS OPERANDI
A digital arrest scam’s methodology is a well-thought-out sequence intended to instill panic, bewilderment, and total control over the victim. Typically, it starts with a phone call or WhatsApp message made using a fake or masked number, frequently posing as a government hotline. The con artist asserts that a major crime, like money laundering or drug trafficking, has been connected to the victim’s Aadhaar, PAN, parcel, or bank account.
The scammers use impersonation to make the accusation seem plausible by presenting fictitious identity documents, forged copies of the FIR, and video-call settings that resemble government buildings or police stations. The victim is told to stay on a video call constantly and is cautioned not to tell anyone once dread has been instilled. The victim feels like they are in “virtual custody” during this phase, which is referred to as psychological isolation.
The scammers then employ intimidation to force the victim to provide OTPs, bank account information, screen-sharing access, or even money transfers to purportedly “safe verification accounts.” The last phase is extortion, in which the pilfered funds are swiftly transferred via mule accounts or transformed into cryptocurrencies to conceal the trail and make recovery exceedingly challenging.
LEGAL JARGON
A number of Indian criminal laws, including the Information Technology Act of 2000, the Indian Penal Code of 1860, and the impending Bharatiya Nyaya Sanhita (BNS) of 2023, apply to digital arrest frauds. Together, these laws deal with online fraud, intimidation, identity theft, impersonation, and cheating.
Section 66D of the Information Technology Act of 2000 specifically addresses impersonation through digital platforms. This area applies because scammers use computer-based personation when they pose as police or CBI officers on WhatsApp or video calls. Identity theft is covered under Section 66C and involves using Aadhaar, PAN, cellphone numbers, OTPs, and personal information that was taken by force during the scam. Section 66F on cyberterrorism may be used in extreme situations if threats are connected to national security, serious intimidation, or extensive cyber operations.
Since the majority of acts in digital arrest scams are traditional criminal offenses carried out via technology, the Indian Penal Code, 1860 (IPC) also becomes pertinent. The main component of this scam is impersonation of a public officer, which is punishable under Section 170. Extortion and extortion via fear of death or severe injury—exactly how con artists coerce victims—are covered in Sections 384 and 386. Cheating and dishonest inducement of property or money are covered by Sections 419 and 420. Sections 468 and 471, which deal with forgery and the use of counterfeit papers, apply when con artists utilize forged FIRs, phony IDs, or fake documents.
Similar rules for identity misuse, impersonation of authority, fraud, deception, and causing unlawful loss are found in the Bharatiya Nyaya Sanhita, 2023, which will take the place of the IPC. In order to better combat digital and cyber-enabled crimes, these amended sections modernize the legislation.
PROOF
Courts use a combination of digital, documentary, and expert evidence to effectively prosecute a digital arrest hoax. Since many scams only take place online, technological evidence is essential to proving the crime. Call records, screenshots of video or WhatsApp calls, chat logs, and any correspondence used by con artists to threaten or pose as officials are examples of digital proof. While bank transfer records connect fraudulent transactions to particular accounts, IP logs, VoIP call traces, and device information aid in determining the origin of calls. These recordings provide as compelling proof of compulsion, intimidation, and impersonation if the victim was made to share their screen or stay on a video conversation. The timeline of events may also be supported by CCTV footage that captures the victim’s interactions or replies.
Phony notices, falsified identity cards, phony FIRs, or other documents sent by con artists during the call are examples of documentary evidence. The desire to deceive and impersonate authority can also be demonstrated by screenshots of URLs to phony websites, fraudulent payment gateways, or government page clones. These materials show the presence of a planned strategy and intentional manufacturing.
Expert testimony is essential to the validation of all electronic evidence. Technical analysis services offered by digital forensics teams include recovering erased data, tracking IP addresses, and confirming the legitimacy of records and documents. Sections 65A and 65B of the Indian Evidence Act stipulate that in order for electronic evidence to be admitted in court, it must be accompanied by an appropriate certificate. Cybercrime cell reports also support the prosecution’s case by establishing digital footprints and connecting devices or accounts to the offenders.
CASE LAWS
1. Amit Kumar v. State of Himachal Pradesh (2022)
Problem: The accused threatened a victim by pretending to be law enforcement.
Held: It is criminal intimidation (Section 506 IPC) and cheating (Section 420 IPC) to pose as police officers in order to demand money.
Relevance to Digital Arrest: In line with the court’s logic, digital arrest con artists likewise utilize intimidation and fictitious authority to compel payments.
2. CBI v. Anil Kumar (2019)
Problem: False identity cards and falsified documents were used in phony CBI raids.
Held: Violations are covered by Section 420 IPC (cheating) and Section 170 IPC (impersonating a public worker).
Relevance: Similar to the behavior condemned in this instance, digital arrest scams use video calls and fake FIRs to impersonate CBI, ED, and Customs officers.
3. State of Karnataka v. Sridhar (2017)
Problem: The accused collected fines from the public by pretending to be a police officer.
Held: The court determined that this constituted personation (Section 170 IPC) and extortion (Section 384 IPC).
Relevance: Fake police identities are also used by digital arrest scammers to coerce victims into paying money.
CONCLUSION
In India, digital arrest scams are a rapidly expanding type of cyber-extortion that is motivated by intimidation, fear, and a lack of knowledge about the judicial system. The crimes in question undoubtedly fall under the existing provisions of the Information Technology Act and the Indian Penal Code, which encompass offenses including impersonation, cheating, forgery, and criminal intimidation, even if there is no statute that defines “digital arrest.” Such behavior is also interpreted by courts as a willful abuse of power to unlawfully collect funds or personal data. Improving digital literacy, educating the public about how real law enforcement operates, and promoting prompt reporting via official channels like 1930 and cybercrime.gov.in are all crucial to combating this growing menace. Prevention relies heavily on public awareness and strict enforcement.
FAQS
1. Is it possible for police to make an arrest via video call or digital means?
No. According to the CrPC, an arrest necessitates legal procedure, written notification, and physical presence. Digital arrest is completely fraudulent.
Q2. What should I do if someone poses as a Customs or CBI officer?
Request their batch number, end the call, and confirm using the agency’s official number rather than the one that was given.
Q3. Do actual investigations make use of video calls?
Never for arrest or imprisonment, just occasionally for confirmation.
Q4. Is it possible to get money back from a digital arrest scam?
Banks can use the 1930 helpline to freeze funds if they are notified within hours. Recovery possibilities are diminished by delay.
Q5. Could the victim face legal repercussions?
No. Victims are safeguarded. It is sufficient to cooperate with authorities.
