Authored By – SRISHTI GUPTA, UNIVERSITY FIVE YEAR LAW COLLEGE, UNIVERSITY OF RAJASTHAN, JAIPUR, RAJASTHAN 

Introduction

In recent years, with the advent of digital technology and the increasing use of the internet in various activities, the world has witnessed a significant transformation in daily life. However, this digital revolution has also given rise to new forms of crime, including scams that exploit the vulnerabilities of individuals and organizations. One such phenomenon is the “Digital Arrest Scam,” which has emerged as a significant concern for law enforcement agencies, cybersecurity experts, and the general public.

Numerous cases of this scam are being reported where scammers impersonate law enforcement officials, claiming to be representatives from agencies like the CBI, ED, or the Police Department. They use deceptive tactics to convince victims that they are under investigation or have committed a crime, often leading to financial loss or personal data theft.

For instance, scammers often pretend to be law enforcement officials on a video call, making victims believe they are in legal trouble or that a loved one is in danger. The victims are then pressured to pay a large sum of money to avoid further consequences, often under the threat of ongoing video surveillance.

Keywords (Minimum 5):

• Cyber Fraud
• Impersonation Fraud
• Digital Identity Theft
• Phishing
• Spoofing
• Money Laundering
• Cybercrime
• Legal Impersonation
• False Arrest
• Cybersecurity Regulations
• Digital Forensics
• Consumer Protection Laws
• Financial Fraud
• Cyber Safety Tips
• Two-Factor Authentication (2FA)
• Cryptocurrency Scams

Meaning, Definition & Explanation

Meaning

A “Digital Arrest Scam” refers to a fraudulent scheme where scammers use digital means to impersonate law enforcement officials and deceive victims into believing they are under arrest or investigation.

Explanation

Fraudsters employ various digital methods such as video calls, falsified documents, and fake arrest warrants to manipulate victims. By creating a sense of urgency and fear, they pressure individuals into making immediate payments or sharing sensitive information.

Nature

These scams exploit digital communication methods such as emails, phone calls, and social media to target victims. Scammers may falsely claim that the victim’s online activities have triggered legal action, accusing them of violating digital norms. In such cases, immediate payment or personal data is demanded to “avoid arrest” or prevent legal consequences.

Historical Background / Evolution

The concept of “digital arrests” is not legally recognized in India’s legal framework. According to Justice Anoop Kumar Dhand of the Rajasthan High Court, digital arrests have no legal standing and are entirely fraudulent.

To protect citizens, such scams necessitate stricter cybersecurity regulations and public awareness initiatives.

As per the Seventh Schedule of the Indian Constitution, ‘Police’ and ‘Public Order’ are State subjects. Therefore, the responsibility of preventing, detecting, investigating, and prosecuting cybercrime, including digital arrest scams, lies with the States and Union Territories (UTs) through their Law Enforcement Agencies (LEAs).

The Central Government provides advisories and financial assistance to strengthen LEAs’ capacity to combat cybercrimes.

The National Crime Records Bureau (NCRB) compiles crime statistics in its “Crime in India” publication. However, specific data on digital arrest scams is not maintained separately in the NCRB database.

Comparison with Other Countries

The Digital Arrest Scam is a global issue, and it is prevalent in many countries. Scammers worldwide use variations of this fraud to either steal personal information or extort money by threatening legal consequences.

In India, the incidence of digital arrest scams is significantly higher compared to other countries such as the USA, UK, Australia, and China.

Common tactics used by scammers worldwide:

• Impersonation of law enforcement officials
• Use of fake court documents
• Threats of immediate arrest or prosecution
• Demanding payments via online transactions

Governments worldwide are enhancing cybercrime surveillance in the absence of specific laws to address these scams directly.

Causes / Effect Relationship with Other Concepts

There has been a significant surge in digital arrest scams, particularly targeting:

• High-profile professionals
• Bureaucrats
• Judges
• Businessmen
• Army officials

Fraudsters impersonate government officials, primarily from law enforcement agencies, to initiate contact with victims through phone calls. They then shift to video calls on platforms like WhatsApp and Skype, using deepfake technology and fake IDs to appear credible.

Types / Kinds of Digital Arrest Scams

Digital arrest scams fall under cybercrime and are punishable under Indian criminal law. Other types of cybercrime include:

1. Phishing Scams – Fraudsters send fake emails or messages mimicking trusted organizations to steal sensitive data like passwords and financial details.
2. Job Scams – Scammers post fake job listings on hiring platforms or social media to trick job seekers into sharing personal information or paying upfront fees.

Forms / Modes of Digital Arrest Scams

This scam is exclusively online, exploiting victims who act hastily out of fear of legal consequences.

Key Elements:

1. Impersonation – Scammers disguise themselves as law enforcement officers (CBI, police, etc.).
2. False Accusations – Victims are accused of crimes like money laundering, tax evasion, or cybercrime.
3. Intimidation – Scammers use threats of legal action to manipulate victims.
4. Demand for Payment – Victims are pressured to pay fines or bribes to avoid arrest.
5. Data Theft – Scammers attempt to steal personal and financial information.
6. Psychological Pressure – Victims are manipulated into making hasty decisions without verifying the authenticity of claims.

Defences / Exceptions to Digital Arrest Scams

Key Defence Strategies

1. “Stop, Think, and Take Action”

• Stay calm and do not panic.
• Do not immediately respond to suspicious calls.
• Verify claims before taking action.

2. Recognizing Red Flags

• No government agency makes arrest threats over phone or video call.
• Scammers demanding money is a clear fraud sign.
• Government officials never solicit payments over video calls.

3. Cybercrime Helpline & Reporting

• Dial Cyber Helpline 1930 for assistance.
• Report the incident on cybercrime.gov.in.
• Inform family, friends, and the police.
• Preserve evidence (screenshots, recordings, caller details).

4. Public Awareness & Caution

• If someone posing as a government official threatens arrest, hang up immediately.
• Seek help from genuine law enforcement authorities.
• Avoid instant financial transactions based on fear.
• Share experiences to spread awareness.

Cybercrime Expert Triveni Singh on Prevention

“If anyone claiming to be a government official says they want to arrest you and then asks for money—it is a scam. Hang up the call immediately.”

Final Advice:

• Do not panic.
• Never follow instructions blindly.
• You cannot be arrested over a phone call or video call.

Legal Provisions / Procedure / Specifications / Criteria under BNS 2023

Any unlawful activity, including economic offences and cybercrimes, is penalized under the Bharatiya Nyaya Sanhita (BNS) 2023. The prescribed punishment for such offences is five years of imprisonment (a non-bailable offence), which may extend to life imprisonment and a fine of not less than ₹5 lakh. In cases where cybercrime results in death, the fine may be increased to ₹10 lakh.

Additionally, false charges of an offence made with the intent to injure may also be applicable in cases where scammers or fraudsters use digital devices to falsely accuse victims. The punishment for such offences may extend to five years of imprisonment or a fine up to ₹2 lakh (a non-bailable offence).

The BNS 2023 includes offences such as cheating, cheating by personation, and forgery. Several provisions related to cybercrime have been made non-bailable under this newly enacted law.

Legal Provisions under the IT Act

Under the Information Technology (IT) Act, various cyber offences are categorized, including:

• Tampering with computer source documents
• Crimes committed through digital means
• Identity theft
• Cheating by personation

The IT Act mentions 18 sections covering different forms of cyber offences, out of which 12 are bailable offences. The provisions describe punishments for cyber offences where fraudsters extort money from citizens using digital devices.

Victims often fall into the trap of fraudulent calls where the caller impersonates law enforcement agencies (LEAs) or government officers in India to extract confidential information, resulting in financial scams.

Guidelines / Rules / Regulations / Notifications / Circulars

The Indian Cyber Crime Coordination Centre (I4C), established under the Ministry of Home Affairs, functions as a central agency to deal with cybercrimes in a coordinated and comprehensive manner across the country.

The Government has also launched a comprehensive awareness program on digital arrest scams, which includes:

• Newspaper advertisements
• Announcements in Delhi Metros
• Social media influencers creating awareness posts
• Campaigns through Prasar Bharti and electronic media
• A special program on “Aakashvani”
• Participation in Raahgiri Function at Connaught Place, New Delhi, on 27.11.2024

These measures aim to educate the public and prevent them from falling victim to digital frauds.

Precedent Cases or Incidents

Case 1: Fake IPS Officer Accusation

A scammer posing as an IPS officer with 27 years of experience falsely accused a reporter of involvement in a money laundering case linked to a businessman under investigation for fraud worth ₹536 crores.

Case 2: Fake DHL Parcel Scam

A courier company representative (DHL) contacted a reporter, stating that a parcel from Mumbai to Beijing (October 2024) had failed to reach its destination. The reporter was informed that his identity, proof, and phone number had been misused to send the package without his knowledge.

The scammer, posing as a DHL representative, falsely claimed that Mumbai Customs had seized the package, which allegedly contained:

• Five credit cards
• Seven passports
• 3.5 kilograms of clothing
• 400 grams of MDMA (a banned drug in India)

The scammer then interrogated the reporter in an intimidating tone to create panic and extract money.

Statistical Analysis / Data Analysis

According to I4C, cybercriminals have stolen approximately ₹2,140 crore from victims of cyber arrest scams in India between January and October 2024. This amounts to an average monthly loss of ₹214 crore.

• 30-40% of fraudulent activities have been traced back to India, where local scam centers are actively involved.
• 92,334 incidents of digital arrest scams have been reported in India.
• The I4C emergency helpline number (1930) has been instrumental in addressing cybercrime complaints.
• Countries like Cambodia, Myanmar, Vietnam, Laos, and Thailand have been found to have links to digital arrest scams.

Conclusion & Comments

Cybercrime and digital fraud pose a growing threat in the digital age, necessitating increased awareness and vigilance among individuals and organizations. It is crucial to:

• Stay informed through news updates and government circulars.
• Understand and recognize scam tactics to prevent financial and identity fraud.
• Use the measures explained above to protect oneself from digital scams.
• Immediately report cybercrimes through the 1930 cyber helpline.

By adopting preventive strategies, individuals can safeguard themselves from fraudulent schemes and avoid becoming victims of digital arrest scams.

References

1. Books / Commentaries / Journals Referred

• pib.gov.in

2. Online Articles / Sources Referred

• www.newindianexpress.com
• https://timesofindia.indiatimes.com/
• https://www.drishtiias.com/
• https://www.jagranjosh.com/
• pib.gov.in

3. Statutes Referred

• Bharatiya Nyaya Sanhita (BNS) 2023
• Information Technology (IT) Act