Recently, an elderly woman in Agra tragically died of cardiac arrest after receiving a call that her daughter was involved in a sex racket. The caller demanded she deposit ₹1 lakh to ensure her daughter’s safe return and to avoid legal trouble. Within 15 minutes, the elderly woman passed away, and it was later revealed to be a case of “digital arrest”—a term used for a scam tactic employed by cyber fraudsters.
What is Digital Arrest?
Digital arrest is a new and deceptive method used by cybercriminals to extort money from innocent people. In this scam, fraudsters pose as law enforcement officers—such as the police, Enforcement Directorate, or CBI—and falsely accuse victims of serious crimes. The victims are then manipulated into believing they are under “digital arrest” and must stay visible via Skype or other video conferencing platforms until they comply with the scammers’ demands. Cybercriminals exploit the victims’ fear and convince them that failure to pay a large sum of money will result in prosecution. Sometimes you might get a mail in your official or personal mail id also that a case has been filed against in those department.
High-Profile Cases of Digital Arrest in India
Several high-profile cases have surfaced in India, including that of SP Oswal, an 82-year-old businessman, who was defrauded of Rs. 7 crore by a gang posing as officials from various government agencies, including the Chief Justice of India. The scam involved fake documents, a virtual courtroom, and intimidation tactics that left Oswal under “digital arrest” for two days. Although the police have recovered over ₹5 crore, this case remains one of the most significant fraud recoveries in the country.
Similarly, a 72-year-old woman from CR Park, South Delhi, was tricked by scammers impersonating police officers, extorting ₹83 lakh from her under the pretext of a fabricated legal issue. Most fraud calls are made via WhatsApp using numbers starting with a +92 code, linking them to foreign-based scammers.
How Scammers Operate
Cybercriminals play on the emotions of their victims, threatening them with fake allegations, psychological manipulation, and even AI-generated voices of their family members to create a sense of urgency and fear. These scams are often highly convincing, as criminals use technology, police uniforms, and even police officers’ display pictures to dupe victims.
Common scam tactics include:
1. Parcel Scam: Victims are told a parcel with illegal items has been intercepted, implicating them in a crime.
2. Involvement of Family Members: Scammers claim a family member is involved in a crime and requires immediate financial help.
3. Aadhaar or Phone Number Misuse: Victims are accused of illegal activities using their Aadhaar or phone numbers.
Precautionary Measures Against Cyber Frauds
To protect against these scams, individuals should:
l Avoid Unsolicited Calls: Refrain from answering calls from unknown numbers, especially those claiming to be from government agencies.
l Verify Information: Always verify the caller’s identity by contacting the agency through official channels.
l Never Share Personal Information: Avoid sharing personal details, such as bank account numbers or passwords, over the phone or online.
l Stay Calm: Scammers rely on fear. If you feel threatened, end the call immediately.
l Stay Informed: Educate yourself about the latest scams and share this knowledge with family and friends.
l Report Scams: If you believe you’ve been targeted, report the incident to the local police and cybercrime authorities.
Creating Awareness
Public awareness is crucial in preventing such fraudulent activities. The government, educational institutions, NGOs, and social media platforms must run campaigns to educate people about the dangers of digital arrest scams and other cybercrimes. Knowledge of legal provisions can empower people to recognize and resist these threats.
Understanding Legal Provisions on Arrest in India
While the concept of digital arrest is fictitious, it is important to understand the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which contains the actual legal provisions surrounding arrests.
Key Legal Provisions Under BNSS 2023
1. Section 35: When Police May Arrest Without Warrant
l A police officer can arrest without a warrant or magistrate’s order in the following situations:
n Cognizable Offenses: If a crime is committed in front of the officer and it is a serious (cognizable) offense.
n Reasonable Suspicion or Complaint: If there is a reasonable complaint, reliable information, or suspicion that someone has committed a serious offense punishable by up to 7 years in prison, provided the arrest is necessary for:
1. Preventing further crimes.
2. Investigating the crime.
3. Preventing the destruction of evidence.
4. Preventing the person from threatening or influencing witnesses.
5. Ensuring the person appears in court as required.
Documentation of Arrest: The officer must record the reasons for arrest and, if arrest is not needed, must issue a notice to appear.
2. Section 36: Procedures During Arrest
l A police officer must wear a visible name badge for easy identification during an arrest.
l The officer must prepare an arrest memo, signed by at least one witness (a family member or a respected local figure), and countersigned by the arrested person.
l If no family member is present, the arrested person must be informed of their right to notify a relative or friend of the arrest.
3. Section 38: Right to Legal Representation
l When arrested and interrogated by the police, the arrested person has the right to meet with an advocate of their choice during interrogation, though not throughout the entire process.
4. Section 40: Arrest by Private Persons
l A private individual can arrest someone if they witness a person committing a serious (non-bailable and cognizable) offense or if the person is a proclaimed offender.
l The arrested person must be handed over to the police within six hours.
5. Section 41: Magistrates’ Power to Arrest
l A Magistrate (Executive or Judicial) can arrest a person if a crime occurs in their presence or within their jurisdiction.
l Magistrates also have the power to arrest anyone within their jurisdiction if they have the authority to issue a warrant.
6. Section 43: Methods of Making an Arrest
l The police must physically touch or restrain the person being arrested unless they agree to accompany the officer voluntarily.
l In the case of women, verbal communication suffices unless the officer is female, and any physical contact should be avoided unless absolutely necessary.
l Arresting officers must inform a relative or friend of the arrested person, if requested, about the arrest and where the person will be held.
7. Arresting Women at Night
l Women cannot be arrested after sunset or before sunrise unless it is an emergency, in which case a female officer must obtain written permission from a magistrate.
Understanding Your Rights
Understanding these legal provisions is essential to avoid falling prey to fraudulent schemes like “digital arrest.” While there is no legal basis for digital arrest, criminals exploit ignorance of legal rights to deceive and manipulate victims. Being aware of actual legal procedures empowers individuals to confidently resist these tactics and avoid being scammed.
Conclusion: There is No Digital Arrest
In conclusion, digital arrest does not exist in Indian law. It is a fraudulent concept designed to exploit vulnerable individuals. Understanding the legal provisions regarding arrests, as outlined in the Bharatiya Nagarik Suraksha Sanhita, 2023, is key to protecting yourself from these scams. Knowledge is your best defence against such cybercrimes.
Dr. Pyali Chatterjee, HOD, Faculty of Law, ICFAI University, Raipur, Chhattisgarh &
Sashank Sekhar Dayal, Assistant Professor, Faculty of Arts, ICFAI University, Raipur, Chhattisgarh
