- Abstract
“Digital arrest is just a bluff; there is no such thing as digital arrest in Indian criminal law”
The rapid evolution of technology has transformed the cyber landscape, giving rise to new and sophisticated forms of crime. The digital arrest is a new emerging menace and has gained widespread attention in present times. Digital Arrest is a cybercrime where the cybercriminals make calls or videocalls and manipulated the victim by personating themselves as law enforcement official or investigating agencies and traps the victim via deception. This paper explores the concept of Digital arrest, increasing concerns, recent incidences, and legal viability of digital arrest. It also examines how cybercriminals deceive and exploit victims and gives the strategies to protect ourselves from online scams. It deals with the initiatives are and has been taken by Indian government to Combat the Digital Scams including Digital arrest. The paper aims to provide a comprehensive understanding of digital arrest, how it happens and the measures that individual can take to prevent themselves from being trapped, and if become victim of this scam, then what immediate actions must be taken and what all measures government is taking to address this crime.
Keywords: Digital Arrest, Cybercrime, Privacy, Digital Forensics, Law Enforcement, Artificial Intelligence, Cybersecurity.
- Introduction
The advent of digital revolution and technological advancements in each aspect of society has not only brought positive outcomes, but it has also brought several cyber threats to the people.
The online fraud has become a big chaos now. As per The Hindu report, in the first four months of 2024, 740,000 cybercrime complaints have been registered in our country[1] . As per the official report of National Cybercrime Reporting Portal (NCRP) around 1750 crore have been looted from investment scams, extortion, sextortion, digital arrest and other frauds between January and April[2] .
The digital arrest is the new cybercrime scam in the market which has looted around 120.30 crore rupees of the Indians in the first quarter of this year alone, as highlighted by PM Narendra Modi, shown by government cybercrime data. According to the Ministry of Home Affairs (MHA), which monitors cybercrime at the central level through the Indian Cybercrime Coordination Centre (I4C), digital arrests have become a prevalent method of digital fraud. Most of the scammers carrying out this fraud are based in three contiguous southeast Asian countries: Myanmar, Laos and Cambodia[3] .
- Research Methodology
This research paper employs a Doctrinal and qualitative Research and focuses on secondary sources of data collected through reliable news sources, government portals, research papers etc. The methodology includes case study approach wherein real instances of cyber frauds have been examined to analyze the offense of digital arrest as a emerging cybercrime in India. The objective of this methodology is to provide comprehensive understanding of the nature, legal viability, real world instances, and safeguards related to digital arrest scams.
- Understanding the Concept of Digital Arrest
The Digital Arrest is a scam where the cyber fraudsters use deceptive tactics and falsely claim to have the legal authority to arrest an individual through digital means such as video conference, phone or via online channels.
Digital arrest” isn’t a standard legal or technical term. In legal contexts, “arrest” typically refers to the physical detention of a person by law enforcement. However, digital arrests made connection with cybercrimes, such as hacking, identity theft, or online fraud. These arrests often involve the identification and apprehension of suspects who commit crimes using digital means[4].
Sharade Kamalanathan and Dr. Rakhi R Wadhwani explained “Digital Arrest” as a method of cybercrime, involves individuals posing as law enforcement officers to intimidate and coerce victims into transferring significant sums of money[5].
In Digital Arrest cybercriminals pretend to be a law enforcement agents from various government departments like (from Narcotic Department, Custom Police, CBI, Courts, or Reserve Bank of India) and claim that the victim is indulged in unlawful activities like sharing obscene material, movement of drugs, money laundering or human trafficking etc .The victims are fooled/ duped and compelled to believe that they are under constant lawful visual surveillance via Skype or other video conferencing platforms unless the criminals’ demands are fulfilled.
- Concerns Surrounding the Rise of Digital Arrests in India
The growing incidents of Digital Arrest scams poses a severe threat to individuals and institutions. The aftermath of these scams often lead to financial losses, emotional distress , negative psychological impact etc. The concerns with rising Digital Arrest in India are as follows –
- Financial Losses – The financial loss incurred by the victims is difficult to recover because the scammers ask the money through untraceable methods like gift cards, cash via third party or wire transfers. Till now the Police has helped in less than 10% of cases and return money.
- Emotional and Psychological Impact – Victim experiences negative emotional and psychological pressure leading to anxiety and stress because of threatening languages and serious consequences (asset seizures, jail time, deportation etc) claimed by scammers.
- Use of Artificial intelligence – The growing use of AI like deepfakes and voice modulation complicates the detection and identification of digital arrest scam cases.
- Identity and data theft – The cybercriminals mostly use stolen personal information for opening bank account, identity theft, credit cards, or commits other types of cyberfraud in the name of victim.
- Difficulty in tracing and punishing scammers – A lot of time this scam originates overseas which makes it difficult for law enforcement to trace and punish the scammers.
- Highlighting Digital Arrests in Recent Times
The following are some of cases of digital Arrest –
- SP Oswal, the chairman and MD of Vardhman Group, a leading textile manufacturer, was defrauded of Rupees 7 crore by a cyber fraudsters potrying themselves as officials from various government agencies, including Chief Justice of India, DY Chandrachud. This well-planned scam involved a virtual courtroom, court’s emblem, bar code, digital signature, fake documents, and intimidation tactics, which left Mr. Oswal under Digital Arrest for two days[6].
- In this case, a victim is a scientific assistant at Raja Ramanna Advanced Technology Centre, and he was called by a member of the gang and introduced himself as Telecom regulatory authority of India (TRAI) officer. This fake TRAI officer told victim that the illegal advertisements and text messages related to women harassment were sent to people through a sim card issued in his name. The fake officer further told that an arrest warrant has been issued against victim in a case related to money laundering and human trafficking. Another gang member portrayed himself as CBI officer and conducted a fake interrogation of the RRCAT employee and his wife via videocall. Out of the fear the victim has deposited around Rupees 71 lakh in various accounts provided by fraudsters[7] .
- 3. A 57-year-old, lady doctor from Government hospital, Mumbai, lost nearly Rs 7 crore in a Digital Arrest Fraud. The fraudsters impersonated themselves as law enforcement officials and compelled her to transfer money. The fraudsters created fake identities and documents and convinced her that she is under investigation for money laundering[8] .
From the above cases one thing is clear that Fraudsters are not targeting anyone specifically, the victims can be the government officials, businessman, doctor, and even the students have not been spared. For example, in Ahmedabad, 27-year-old woman was informed by central agency’s officer that there is a parcel in her name, which contains drugs, and the action is going to be taken against her. A fake CBI officer asked her to undress during digital arrest, to identify birth marks and along with this the fraudsters tricked her to transfer all her money into their account.
- Legal Viability of Digital Arrest in India
In response to surge in ‘Digital Arrest’ scams, the Ministry of Home Affairs’ cyber security awareness arm ‘Cyber Dost’ has issued a public advisory as a warning to citizens against falling prey to such fraudulent schemes[9] . The advisory clarifies that no law enforcement agencies, including police Customs, Enforcement directorate (ED), CBI, or judges, will arrest you on videocall. Due to such rising scams, authorities are urging the public to be careful or cautious and verify any suspicious communications claiming to be from law enforcement agencies.
The PM Modi in the 115th edition of his monthly radio address ‘Man Ki Baat’ said “Beware of digital arrest frauds. There is no system like digital arrest under law. No government agency will ever contact you via phone or videocall for such an arrest”.
Recently Triveni Singh, a former IPS and cybercrimes expert, emphasized that there is no legal basis for digital arrest in India or anywhere else. She further said that if anyone threats you with virtual arrest via skype or any other means, consider them as fraud. Therefore, the digital arrest has not any legal basis in India[10] .
- Methods Employed by Cybercriminals to Deceive and Exploit Victims
In today’s digital era, cybercriminals have become very sophisticated, capable and technologically advanced in their methods. They adopt several deceptive strategies to manipulate, intimidate and monetarily exploit individuals. By personating themselves as legitimate authority and creating sense of fear, urgency and confusion these scammers are able to trap and deceive victims in their well-designed digital scams. They use following tactics to deceive victims –
- Studios modelled on government offices and police Stations while video calling victims
- Wear official uniforms to appear genuine
- Play police sirens in the background and send fake IDs to make the digital arrest seem real
- Tell victims that the investigation is confidential and prevent them from discussing it with anyone
- We see two very common tricks these days. The one is your parcel has drug in it and the second is that the registered mobile phone in your name has used for illegal activities – extortion, terror, obscenity material on your no: registered with Aadhaar.
- If the victim agrees to this, then phase 2 of digital arrest begins where victims are locked up in their house and they must be in front of their device and their device’s camera cannot be turned off.
Basically, the idea of fraudsters is to interrogate victim in such a way so that the victim cannot take help from anyone because he must be in front of the camera. Finally same thing happens as expected, it is matter of settlement where the victim pays hefty sum to save his life and reputation. Fraudsters transfer money received from victims into fraudulent accounts, withdraw the money and split it among themselves. These days scamsters are demanding payment also in cryptocurrency or gift card which makes it difficult to track them.
- Strategies to Protect ourselves from Online Scams
As the online scams are rising rapidly staying informed and vigilant is become crucial. Scammers often rely on fear tactics, fake identity, and advanced technology like AI to deceive individuals for extracting money and personal information. However, following basic safety measures and early identifying red flags can significantly lower the chances of being trapped or deceived. With the help of certain strategies one can stay ahead of these scammers and safeguard their digital presence
There are following ways through which we can safeguard ourselves from being trapped
a) Never trust any unsolicited calls claiming to be from law enforcement agencies
b) Verify the Caller’s identity by contacting the agency directly through official numbers
c) Not sharing personal details like ID, bank, or passport information over video calls
d) Install a reliable cybersecurity app to alert you of potential scams
e) If someone contacts you and threatens you with arrest, then –
• Stop all further communication and disconnect from internet immediately
• Report the incident to local police station or cybercrime authorities by calling to a 24/7 helpline no: 1930[11]
• Contact your bank and freeze accounts or change password if necessary
• Keep evidence like call recordings, messages, and screenshots
- Immediate actions to take when scammed
In this age of digitalisation, cyber scams have become very common, sophisticated and can happen with anyone. What truly matters how swiftly and smartly one responds after being scammed. Immediate action without delay is important, as it significantly improve the chances of money recovery and prevents further damage. There are certain immediate actions that every victim should take to protect their personal information and monetary assets.
The following steps must be taken if you are scammed and have lost money –
- Immediately report your bank about such transaction and ask them to reverse or freeze your account
- File a formal complaint with the National Cyber Crime Reporting Portal (cybercrime.gov.in)
- Take help from lawyer to assist in legal matters and protect your identity
- Government Initiatives to Combat Digital Scams
The Government of India is very serious about this problem of digital arrest and has been taking several actions to address this issue. The following are some of the actions taken by government:
Establishing several bodies dedicated to deal with cybercrimes –
- Indian Cyber Crime Coordination Centre (I4C) : The Ministry of Home Affairs established Indian Cybercrime Coordination Centre (I4C) in New Delhi. It aims to provide a framework and eco-system to Law Enforcement Agencies for handling the Cybercrimes in a coordinated and comprehensive manner.
- National Cyber Crime Reporting Portal: It is a dedicated portal that allows the public to report the cybercrimes and also gives special attention on the financial frauds and crime against women and children. It provides guidance and support for filing complaint.
- Cyber Forensic labs: The Evidence Lab in Hyderabad and The National Cyber Forensic Laborartory in Delhi have significantly enabled the police to manage and examine digital evidence
- Training by CyTrain: I4C provides training to law enforcement and judicial officers on investing and prosecuting cybercrime through its online platform. At present it has trained more than 100,000 police officers.
- Public Awareness Campaign: Our government has implemented several awareness campaigns through social media, SMS, Cyber Dost, SancharSathi portal and app. Along with this, they are also awaring through digital displays in public spaces like metro stations, malls and airports, and are promoting cyber safety and security.
Measures taken by Government to deal with cybercrime including digital arrest are-
- The Government has launched an ‘Online Suspect Registry’ in which data of 1.4 million criminals is stored. This Registry can be used by states, UTs, Central Vigilance Agencies, Intelligence Agencies to control cybercrimes[12].
- Cybercrime Reporting and Resolution of National Cybercrime Reporting Portal (NCRP) has been tried to be improved. NCRP receives 67,000 calls every day with questions related to cybercrime.
- The Indian Cyber Crime Coordination Centre (I4C) issued a public Advisory asking people to ‘Beware of Digital Arrests’ reminding that those making video calls are not police, CBI, Customs officials or judges. The advisory asked people to not tricked by such calls and immediately report such crimes by calling National Cybercrime Helpline No:1930 or filing complaint by logging at the portal www.cybercrime.gov.in.[13] The I4C has blocked more than 1000 skype accounts linked to threat, blackmail, extortion and digital arrest of citizens by cyberfraudsters posing as law enforcement agents[14] .
- As per the Rajesh Kumar, Chief executive of I4C, the I4C has managed to recover Rs 2800 crore defrauded from around 8,50,000 victims since its inception in 2021, said to NDTV.
- In May 2024, an Inter-ministerial Committee, comprising various law enforcement agencies was set up to address the increase in transnational cybercrimes targeting Indians, especially from Southeast Asian countries like Cambodia[15] . The Central Government has launched a comprehensive awareness programme on digital arrest scams which, inter-alia, include newspaper advertisement, announcement in Delhi Metros, use of social media influencers to create special posts, campaign through Prasar Bharti and electronic media, special programme on Aakashvani and participated in Raahgiri Function at Connaught Place, New Delhi on 27.11.2024. Till 28.02.2025, more than 7.81 lakhs SIM cards and 2,08,469 IMEIs as reported by Police authorities have been blocked by Government of India[16].
- Conclusion: “A Call for Vigilance and Proactive Measures in the Digital Era
The digital revolution and advancements in technology have undoubtedly simplified our lives, but they have also made it easier for digital scammers to operate. A lack of caution can lead to significant financial losses in the digital realm. Technological innovation has given rise to various cybercrimes, such as digital arrests, data theft, and hacking. Addressing this issue requires more than just governmental action; citizens must also adopt a proactive and vigilant approach. By increasing technological literacy and raising awareness among the public, the risks associated with cybercrimes can be mitigated to some extent. Preventative measures remain the most effective way to combat the threat of digital arrest. During his Mann Ki Baat address, the Prime Minister highlighted this issue, urging citizens to follow the mantra of “stop, think, and take action” when confronted with potential scams. This simple yet effective strategy can safeguard individuals from becoming victims of cybercrime and ensure digital security. To reduce cyber threats, one must avoid opening unknown or suspicious messages, refrain from clicking on unsolicited links, ignore videocalls from unknown sources, and exercise caution with bank transactions. By combining collective awareness, informed practices, and robust cybersecurity policies, the menace of digital arrest and other cybercrimes can be effectively countered.
Author : Shruti Rajouria, student of 10th semester BALLB(H), Amity University Madhay Pradesh
[1] https://www.thehindu.com/sci-tech/technology/incidents-of-cyberattacks-on-india-may-reach-17-trillion-by2047-study/article68810313.ece
[2] https://cybercrime.gov.in/
[3] https://indianexpress.com/article/india/indians-lost-rs-120-crore-in-digital-arrest-frauds-in-january-april-2024-9641952/
[4] Asmita Malick and Advocate Prithwish Ganguli, “Understanding of Digital Arrest: Definition, Methods and Implications”.
[5] Kamalanathan, Sharade and Wadhwani, Rakhi R., All You Need to Know About Digital Arrest: A Novel Cybercrime Trend, National Cyber Security Consulting, available at https://nationalcybersecurity.com/allyouneed-to-know-about-digital-arrest-a-novel-cybercrime-trend-cybercrime-infosec/ (last visited May o5, 2025)
[6] https://www.business-standard.com/companies/news/digital-arrest-and-rs-7-crore-heist-how-vardhmangroup-head-was-tricked-124100100832_1.html
[7] https://www.ndtv.com/india-news/scientist-duped-of-rs-71-lakh-after-digital-arrest-by-fraudsters-in-madhyapradesh-cops-6718350
[8] https://timesofindia.indiatimes.com/city/mumbai/mumbai-doctor-falls-victim-to-rs-7-crore-cyber-fraud-indigital-custody-scam/articleshow/114784598.cms
[9] https://www.cnbctv18.com/technology/what-is-a-digital-arrest-understanding-the-scam-and-how-to-protectyourself-19489001.htm
[10] https://cybercrime.gov.in/Webform/crmcondi.aspx
[11] https://cybercrime.gov.in/Webform/crmcondi.aspx
[12] https://economictimes.indiatimes.com/news/india/new-online-suspect-registry-lists-1-4-million-cybercriminals/articleshow/113269441.cms?from=mdr
[13] https://cybercrime.gov.in/Webform/crmcondi.aspx
[14] https://www.ndtv.com/india-news/indias-cybercrime-watchdog-blocks-over-1-000-skype-accounts-5662345
[15] https://indianexpress.com/article/india/mha-high-powered-committee-cybercrimes-from-se-asia-9345843/
[16] https://www.pib.gov.in/PressReleasePage.aspx?PRID=2110809