Author: Naina Kanwar Shekhawat, Army Law College, Pune
To The Point :
Digital arrest scams are cyber crimes exploiting fear and ignorance of legal procedure. While Indian law provides strong protections, awareness is key. Knowing your rights—and the difference between a real and fake legal threat—can save you and your loved ones from devastating losses. Impersonation & Cheating is a liable Offences under Sections 419, 420, and 468 of the Indian Penal Code. Identity Theft & Personation Covered under Section 66C and 66D of the IT Act, 2000. It has no Legal Validity Indian law does not permit arrest over phone or video call. Digital arrest is not a recognized legal procedure
Use Of Legal Jargon :
Digital arrest scams are a convergence of psychological coercion and technological impersonation. They violate personal dignity, data privacy, and financial security. Legally, they are punishable under multiple sections of IPC and the IT Act, but prevention lies in public legal literacy and immediate reporting. Impact of digital arrest scam over the years are ₹2,000+ Crore lost in 2024 ,₹210 Crore lost in Jan–Feb 2025 alone and Victims include retired IAF officers, elderly couples, engineers—financially literate but emotionally manipulated. No police or agency can issue an arrest order via phone, video call, or WhatsApp. Digital arrest is not a lawful concept in Indian jurisprudence. Arrest must follow CrPC procedures which consists written warrant, physical presence of officer, and right to legal counsel.
The Proof :
Indian Cybercrime Coordination Centre (I4C) Data where in 2024, India recorded ₹2,000 crore+ in reported digital scam losses. In Jan–Feb 2025 alone, ₹210.21 crore lost across 17,718 cases (Home Ministry report) Ministry of Home Affairs, Government of India. Case Reference from Mumbai (March 2025) where an 86-year-old woman was falsely “digitally arrested” and manipulated for over ₹20 crore via Zoom calls. Authoritative Responses & Legal State Prime Minister Narendra Modi (2024) where he publicly addressed the rise of “digital arrest scams,” warning citizens against any law enforcement over video calls. Active contribution of Cybercrime Coordination Centre (I4C) blocked 83,668 WhatsApp accounts, 3,962 Skype IDs, and 7.81 lakh fraudulent SIMs by Feb 2025. Issued circulars reinforcing that no arrest can happen digitally. Also supreme Court & CrPC Precedents arrests must follow due process under Sections 41 to 60, CrPC Involves written warrant, identification of the officer, grounds of arrest, and access to legal aid.
Abstract:
Digital Arrest Scams are a form of cybercrime where fraudsters impersonate law enforcement agencies (such as the CBI, police, or RBI) using video or phone calls. Victims are falsely accused of crimes like money laundering or drug trafficking and are threatened with immediate arrest or public defamation unless they pay a bribe or “legal fine.” Digital arrest is a fake concept. No real law enforcement officer will arrest you over a call or ask for money through WhatsApp or Skype.
Case Laws :
1st case Shreya Singhal v. Union of India (2015) 5 SCC 1. Struck down Section 66A of the IT Act and emphasized the constitutional right to free speech and protection against arbitrary online policing. This case established that citizens cannot be harassed or punished based on vague online accusations—a key safeguard when scammers misuse digital platforms to threaten false legal action.
2nd case : State of Maharashtra v. Dr. Praful B. Desai (2003) 4 SCC 601. Held that video conferencing is a legally valid mode for recording evidence or hearing testimony under CrPC. This case is often misquoted by scammers to falsely validate their video-based “arrest” threats. Legally, video conferencing is used only under judicial control—not for intimidation or fake arrests.
3rd case: Avnish Bajaj v. State (2005) 3 Comp LJ 364 (Del). Established liability under the IT Act for digital platforms involved in cyber offences. This case clarified that digital fraud and content misuse is punishable under the IT Act, helping frame charges against scammers who use apps like Skype, Zoom, or WhatsApp to impersonate oofficials.
4th case: R v. Bow Street Magistrates Court, ex parte Pinochet (UK HL 1999). Held that arrest and extradition must follow strict due process and cannot be carried out arbitrarily. This global precedent reinforces that no arrest—digital or physical—can bypass legal safeguards. Scammers pretending to issue arrest orders via video call have no legal standing.
Conclusion
Digital arrest scams refers to the unlawful cooperation between domestic and international cyber syndicates, including Cybercriminals operating from foreign scam hubs (e.g. Cambodia, Myanmar, Dubai) and Local agents/recruiters in India who help set up fake accounts, buy SIM cards, or launder mmoney. Some Mule account holders (often bribed or misled) who allow their bank accounts to be used for money movement. These scams are not isolated. They’re part of organized rackets where people from different backgrounds—IT experts, bank insiders, even agents in India—knowingly or unknowingly work together. Some act out of greed, others are trapped in debt or offered fake overseas jobs.
FAQS
Q1. What is a digital arrest scam?
A digital arrest scam involves cheating by personation under Section 66D of the IT Act, 2000 and Sections 419/420 of the IPC, where criminals impersonate government officials to extort money by threatening unlawful arrest via digital platforms. It’s when someone calls or messages pretending to be a police officer or government agent, claims you’re involved in a crime, and says you’ll be arrested unless you pay immediately—often through fake video calls or WhatsApp.
Q2. Can anyone be arrested over a video call or WhatsApp?
No, As per Criminal Procedure Code (CrPC), Sections 41–60, arrests must follow due process: physical warrant, verified officer identity, and access to legal aid. Video call arrests have no legal standing in India. Real police never arrest over calls or demand money through WhatsApp or Skype. If it feels rushed or secretive—it’s fake.
Q3 What should I do if I receive such a call?
Immediate Steps should be taken by individual during digital arrest scam:
1. Hang up. Do not panic.
2. Do not share personal details like Aadhaar, OTP, PAN, or bank info.
3. Report to: 1930 Cyber Helpline and official website www.cybercrime.gov.in
