Author: Harleen Kaur, D. Y. Patil Law College
TO THE POINT
In today’s fast-evolving digital landscape, cyber scams are growing more advanced—and one of the most disturbing among them is the digital arrest scam. Unlike typical online fraud, this scheme involves fraudsters posing as law enforcement officers or government officials to instill fear and pressure victims into handing over money or disclosing sensitive personal information.
If you’ve ever received a call or message from someone claiming to be from the police or a government agency, there’s a chance you were targeted by this fraud.
In this article, we’ll break down what digital arrest scams are, how they operate, and most importantly, how you can safeguard yourself against falling prey to them.
LEGAL JARGON
Section 204 of the Bharatiya Nyaya Sanhita, which deals with impersonating a public servant, covers situations where a person pretends to hold a public office that they don’t actually possess, or falsely impersonates someone who does and attempts to act on authority of that public office. Punishment for this offence can range up to three years along with a fine.
Section 318 of the Bharatiya Nyaya Sanhita deals with cheating or dishonestly inducing a person to deliver any property without their consent. The punishment for thus can range from 3 to 7 years including a fine.
Section 351 of the Bharatiya Nyaya Sanhita prescribes punishment for criminal intimidation or threatening to injure a person, their reputation or property with intent to cause alarm and make them do something that they aren’t obliged to do legally. Aggressor is punished with imprisonment up to 2 years with fine.
PROOF
In the past week, Odisha Crime branch has arrested fraudsters in digital arrest and cyber- crimes, cases valuing up to 3.34 crores. In another case from Tamil Nadu, an 82-year old man was cheated and lost 26 lakhs within a few video calls. The modus operandi of such cases was that the victims were made to appear before a con artist posing as a judge, who would further direct them into a scheme of deception leading to financial exploitation. Another notable incident where S.P. Oswal an 82 -year old and chairman of the Vardhman group was scammed of 7 crores. Oswal was held under digital custody by there fraudsters by impersonating public officers and staging a faux Supreme Court hearing via video conferencing. He received a series of phone calls where averments were made about him being included in a money- laundering case. Oswal was held under ‘Digital Custody’ on the basis of forged documents presented by the swindlers posing as CBI officers. After multiple fake court orders and proceedings conducted virtually and crores of money lost, Oswal started to become paranoid about the situation when another 2 crores were demanded by the scammers. He confided in a friend and was faced by the elaborate web of lies that had been used to scam him over time. Cases like these throw light on the increasing sophistication of scams and how usage of digital technology to deceive people of the highest experience has become a piece of cake.
ABSTRACT
In the digital age, cybercrime has evolved into a more sophisticated and alarming phenomenon of ‘digital arrest’.
This article delves deep into the nuances of this mighty cyber scam. Digital arrest not only triggers the victim financially but also mentally. Fraudsters impersonate judges or police officials and deceive individuals into believing they are facing legal issues and are in trouble. Rendering the victim psychological vulnerability, scammers extort huge sums of money if forms of fines and legal charges. The socio-legal implications of scams as such are far wider can imaginable. Digital frameworks and irregularities that allow these scams to thrive must be analyzed and eradicated.
CASE LAWS
Suo Moto- in the matter of tackling the issue of Digital Arrest scams v. Union of India
Instigated by the alarming increase in Digital Arrests in the country, Rajasthan High Court has taken suo moto cognizance in resolving the issue. Justice Anoop Kumar Dhand emphasized the digital arrest is a non- existent concept in BNSS and any such act must be considered potent of deceiving. He accentuated on the important of awareness about legal proceedings in common people. A complaint under section 35(3) of the BNSS can be made to summon individuals suspected of any cognizable offence before specified officer.
CONCLUSION
The rise of digital arrest scams marks a troubling evolution in cybercrime, where fear, impersonation, and technological manipulation converge to exploit unsuspecting individuals. These scams not only result in severe financial losses but also erode public trust in law enforcement and digital communication. The juxtaposition of high-profile, well-informed victims and the ease with which they are deceived underscores the psychological precision of such frauds. The government of India has incorporated several measures to deal with the rise of digitally-powered scams by issuing notices and initiating campaigns to spread awareness about the same. Individuals must be aware of basic legal protocol on how to avoid getting wind up in such scams and also about the remedies available for it.
FAQS
What can one do to stay wary of fraudsters?
Stay informed and Alert
Verify before reacting
Avoid sharing personal information
Educate family and elders
Remember, if someone is threatening you with arrest over the phone, chances are they’re the ones who should be behind the bars.
Is Digital Arrest a punishable crime?
Currently Digital Arrest is not a registered punishable crime but it can be tried under various provisions of the BNS and IT Act.
What charges does a person committing Digital Arrest get?
Impersonation of Public Servant, Extortion, Cheating, Forgery, Identity theft are few of the charges that may be held over such individuals.
