Author: Davuluri Srihasa, Alliance school of law, Alliance University, Bengaluru.
ABSTRACT
Digital arrest scam is an alarming form of cybercrime whose features are defined by the high-touch reality of modern communication. One country that is undergoing rapid digitization is India, where scams such as these prove to be more challenging for both the citizenry and law enforcement agencies. In most cases, these fraudsters impersonate government officials or cyber police officers to threaten victims that they are being sought for investigations on digital or cyber offenses. The victims are told that this is called a “digital arrest,” which is a tactic to place the victim in a position to part with money, give sensitive information, or undertake actions that compromise their privacy and security.
The paper discusses the journey of evolving digital scams in India with reference to digital arrest scams, discusses legislative backing for cyber offenses, analyses the evidence from case studies, and reviews case laws that contributed towards interpreting the legal responses. Hence, the article emphasizes the need for public awareness and understanding about more in-depth cooperation between technology experts and law enforcement agencies in combating this scourge. Lastly, there is a section on FAQs, adding further clarity to readers and serving as a guide to citizens and victims on how to go about understanding or countering such scams.
INTRODUCTION
In the last decade, India has witnessed a phenomenal rise in digital adoption, spurring economic growth, improved access to knowledge, and new communication avenues. However, with rapid digital evolution came the huge effect of hardcore criminal activities that interest these criminals. Online scams have enlarged, from phishing and identity theft to ransomware and financial frauds; during this time, side by side, as cyber activities surged, the scamming plans were being perfected along with the ways of diluting law enforcement by launching digital arrest scams. Digital arrest scams are executed in such a way that they imitate the conduct, language, and methods of law enforcement officers. Criminals involved with these digital arrest scams contact potential victims through phone calls, messages, or emails while claiming that the victim has committed a digital or cyber offense and is about to be “arrested” or penalized under the law. The victims are told that any delay in complying with the demands, usually payment or disclosure of personal information, will lead to immediate legal action. Tactics used in these scams effectively manipulate fear and the perceived authority of government institutions. The most remarkable change in India towards a cashless and digitally driven economy has yielded various benefits all around. However, the flipside of the development also encouraged many other avenues for criminal exploitation. The social impact is felt tremendously, as most victims usually suffer financial loss, emotional trauma, and lack of trust in digital transactions for a long time. High sophistication rates developed by the offenders in recent times also put a strain on local law enforcement, which sometimes lack resources or the technical means to even trace the perpetrators, let alone any jurisdictional issues of police action, as crimes are usually committed from beyond international borders.
LEGAL FRAMEWORK:
There is no legal provision in India for making arrests via video call or through electronic communication. As per the Code of Criminal Procedure, 1973, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the arrest process in India requires the physical detention of a person and the following process of law.
Regarding the Indian legal system, it has made gradual changes through which digital crimes are dealt with. The major laws and frameworks in respect of arrest related to the digital world are:
The BNSS, 2023: It provides under Section 63 for the electronic issuance of summons, which can be digitally encrypted and authenticated with the court seal or signature. Section 532 permits conducting trial proceedings electronically but doesn’t cover arrests.
The Information Technology Act (2000): It forms the thrust of the cyber law architecture in India. Its instrumentality covers an enormous range of cybercrimes like hacking, identity theft, and dissemination of offensive mediums online. Furthermore, by the jurisdiction of the IT Act, law enforcement agencies can investigate, arrest, and prosecute a person for an offense committed using cyberspace.
Section 66: It deals with computer-related offenses, such as unauthorized access or data theft.
Section 67: This section deals with offenses related to obscene content.
Section 69: It allows the government to intercept, monitor, or decrypt information concerning national interest or cyber terrorism.
Indian Penal Code (IPC),1860 : Several provisions of the IPC apply on digital crime. For instance, Section 354D (stalking) and Section 507 (criminal intimidation by anonymous communication) are becoming significantly relevant concerning online harassment or cyberstalking cases.
The Criminal Procedure Code (CrPC),1973: The CrPC also lays down the guidelines for arrests, searches, and seizures under which all digital evidence-related cases come. As part of the ongoing investigation, law enforcement can freeze accounts, block access to social networking sites, or seize electronic devices.
Personal Data Protection Bill (2023): The proposed bill is supposed to tighten the privacy protections and outline how personal data can be collected, used, and processed in India. It would also provide penalties for breaches of data and unauthorized access to personal information.
Unlike these legitimate forms of digital communication, digital arrest scams thrive on people’s ignorance regarding legal processes. The scammers manage to create panic and, almost every time, make victims rush for immediate solutions with payments of huge amounts of money in order to avoid any shame attached to legal consequence
RECENT SCAMS:
In the recent times, there were more case which came into the light. It underscores the need of awareness in people whether educated people or not.
In April 2024, a Delhi-based lawyer fell victim to a “digital arrest” for two days. She was coerced into stripping by scammers posing as customs officials and cybercrime officers under the pretence of a fake “narcotics test”, and the impostors extracted ₹14 lakh with a false drug smuggling case involving her name.
It has been reported that a doctor from Noida has been duped by fraudsters posing as TRAI officials claiming her phone number has been illegally used and that her name is included in a money laundering probe for ₹60 lakh in the month of July this year, 2024.
This case came to light before the Indian Cyber Crime Coordination Centre (I4C), which subsequently issued a public advisory. This advisory states that agencies like CBI, customs, police, or court judges do not make arrests via video calls and suggests vigilance. If anybody ever gets such a call, it should be reported to a central helpline number 1930 or through the website for reporting cyber crime.
In another digital arrest scam, the victim first receives a call from an unknown number. The caller pretends to represent a very popular delivery service. After a span of months, the caller connects the victim to a supposed police officer, who accuses the victim of being involved in an international smuggling case. While you may assume such calls are plain easy to identify or unable to touch one’s conviction by any means, people who have received such calls always grumble about the calls as if they were for real due to the scammers sharing personal information.
Personal information like bank passbook details, etc., keeps falling prey to the scam as they countrywide engage in very poorly planned credit-bureau-type thefts against fortune blanketed by labels such as property last-valued and full claimant title. A recent case was that of Richa, one of the very notable journalists of Aaj Tak, who opened up on the dastardly experience, which left her grappling to get away in one such digital arrest scam. They even knew her Aadhaar number, meaning the criminals seemed to have had preliminary access to her critical data, such as sensitive and breached data.
According to reports by Delhi NCR police, a whopping number of about 600 cases were reported in three short months, involving more than Rs 20 lakh loss each.
CASE STUDIES
Bulli Bai App Scandal (2022): A digital arrest was made in connection with the Bulli Bai app in January 2022, sparking an uproar after images of Muslim women were posted on the online platform for “auction.” The fake identities created GitHub-hosted apps through which the victims were harassed. Mumbai and Delhi police resorted to cyber forensics and social media tracking tools for identifying and arresting the main accused, who were young-individuals with technical know-how.
Andhra Pradesh Loan App Scams (2020-2021): During the last quarter of 2020 and early 2021, several loan apps were operating in Andhra Pradesh and Telangana as extortionists and harassers. App operators harassed victims who had taken loans through them, after which app operators would access their contacts and send derogatory messages to their family members, should such victims fail to repay within the set time. Indian law enforcement has arrested several persons connected to the digital financial scams using phone tracking and digital payment forensics to trace the offenders.
2020 Mumbai Power Grid Attack: The blackout caused by the cyber attack on the power grid within the state was in October 2020 when a huge blackout occurred in Mumbai, leaving many people in the dark. Further inquiry indicated that the blackout was a result of cyber attack on the power grid of a state, which probably was perpetrated by foreign hackers. No arrests were made in India due to the case, however, the case gave a lot of attention to cybersecurity protocols and placed India’s cyber cells on high alert.
Gurgaon Sextortion Scam (2021): In 2021, a digital arrest was made when a sextortion racket was busted in Gurgaon. The gang had set up fake profiles on social media and used video calls to lure unsuspecting victims into compromising situations. After creating the video, they would blackmail telephonically or through mail, threatening to publish the records online. Gurgaon police were able to nab the criminals by tracking IP addresses and social media accounts.
The Crypto Fraud Scandal (2021): In this emerging case of high-profile crypto fraud in India, some people were arrested for the role they played in cheating investors through dubious cryptocurrency trading platforms. The scammer mobilized his funds by promising high returns for investing in Bitcoins and Ethereums and disappeared with the money. The Indian police collaborated with international law enforcement to track the suspects using blockchain analysis tools.
WHAT TO DO IF YOU OR ANYONE GETS SCAMMED:
Wherever you find a scam online, doing your best in following the given steps can help you minimize your losses and seek help:
Report the scam: You must file a complaint with your local police or cybercrime unit. Cyber crimes can be reported on the National Cyber Crime Reporting Portal or through the National Toll-Free Helpline number 1930.
Notify Your Financial Institution: Report any scam to your bank or credit card company. They can take steps to protect your account and stop further unauthorized charges.
Consult a Lawyer: Investigate your legal options and how a lawyer specializing in cybercrime can help you recover your losses.
Notify Consumers Protection: Alert consumers protection agencies that are suited to help.
Use Support Networks: Connect to groups and relevant organizations dealing specifically with the aftereffects of being scammed. These networks may provide emotional support, legal help, and information on how to reintegrate into society.
Spread awareness: Learn about common scams and distribute this knowledge among your family and friends. Awareness is the biggest killer of any scam.
CONCLUSION
As technology keeps changing, so do the ways of criminals, trying to exploit the digital platform. Digital arrests are important warfare against cybercrime in India. Accordingly, an attempt is being made by India to counter the onset of digital crimes through the use of recent technology, updates in laws, and international cooperation. The challenges abound, like anonymity or jurisdiction, but the law enforcement agencies are moving ahead with a positively envisions future along with developments in technology. Digital arrest scams are a new form of cybercrime abusing humans’ fear of law enforcement. Scammers use psychological means, forgeries, and digital channels to extort money. To be safe at all times, check the veracity of any summons or legal notice, stay cool, and report any suspicious actions to the police. Awareness and being alert are considered weapons to combat this increasing menace.
FAQS
1. What is a digital arrest scam?
Answer: Digital arrest scam is one form of cybercrime perpetrated by a group of scammers using electronic means like phone calls, texts, and emails impersonating officials of either government or law enforcement, all in the claim of accusing the victim of being under investigation for a cyber offense, threatening them to drag them into submission or siphoning off money and sensitive information.
2. How do the scammers impersonate the authorities in such criminal acts?
Answer: Scammers send out fake looking elements like spoofed phone numbers, false email addresses, and replicated logos. They develop normal law enforcement language and protocols in case any sense of urgency and legitimacy is built to mislead a victim into automatic compliance.
3. What legal frameworks do Indian laws have on the subject digital arrest scam?
Answer: Digital arrest scams fall under different criminal acts. The main framework within which this crime is governed is the Information Technology Act, 2000 (most importantly sections 66, 67, and 69) along with some sections of Indian Penal Code such as section 354D and section 507. Further, the Criminal Procedure Code of 1973 lays down the manner of arrest and collection of evidence in case of cyber crimes. The proposed Personal Data Protection Bill, 2023, is also expected to further enhance data privacy.
4. What does a victim do when he/she suspects receiving a digital arrest scam communication?
Answer: Immediate reporting to police or the National Cyber Crime Reporting Portal should be done by victim along with informing their banks to secure their accounts while consulting a specialized cybercrime lawyer. Never share personal or financial details during this process, and cross check legal communication with government through official channels.
5. Give me some examples of recent digital arrest scams that happened in India.
Answer: April 2024 saw one of the latest cases wherein a lawyer based in Delhi was extorted after he was made to believe he was under investigation by customs and cybercrime officials; a case also reported from Noida alleges that the impostors duped a doctor saying she was under investigation for a money laundering investigation. Naturally, there has also been fake arrest calls associated with loan apps, sextortion, and cryptocurrency frauds.
6. How to prevent citizens from becoming victims of digital arrest scams?
Answer: People would thus need to remain alert and know the commonly used means by scamming perpetrators. Verified phone numbers or websites should contact legal authorities for any suspicious communication to verify that such claims are existent. Personal information should never be disclosed to any unverified source, keep cybersecurity software updated, as well as inform family and friends about these scams in order to prevent them.
