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THE RISE OF DIGITAL ARREST: TRENDS AND IMPLICATIONS

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Author: Aalan Joe Edwin J J, Legal Practitioner 

INTRODUCTION:

In the digital era, the form of crimes has also evolved, and the criminals, too, are adopting the new technology to commit different crimes. In the era of AI, it’s very easy for scammers to commit cybercrime against a person using the technology.   Among those, one is cybercrime. Cybercrime includes phishing, hacking, data theft, virus attacks, ransomware, etc. The new one on this list is digital arrest. Cybercrime has progressed from day to day, and it is a threat to our daily routine. In the year 2021, the digital arrest model scam evolved, and it was very peak in the year 2024 onwards. The main targeted persons of this digital arrest scam are high-ranking officials, journalists, and elderly individuals. This article explores the meaning and concept of “Digital Arrest” and what are the legal provisions available under our Indian law with preventive measures. 

WHAT IS DIGITAL ARREST: 

Digital arrest is a new type of online scam designed to rob money from the victim’s using deceit, fear, and intimidation. In these scams, the fraudsters typically use psychological manipulation and threats against the victims to convince them they are involved in a serious criminal activity. Then pressure the victims to pay large sums of money to avoid severe consequences like arrest and jail term. Digital arrest is one where a group of scammers gets a person to believe that the victim is under digital arrest and must remain surveilled 24/7, not to get taken to physical custody.

The scam often starts with a phone call that is ordinary and can range from a request for KYC verification to receiving a minor parcel delivery. After some fear, as they gain familiarity with the victim, the fraudster tends to become more assertive when offering the emotional reasons for the request, and often alleges the victim has some form of connection with significant crimes, such as drug trafficking, money laundering, or cybercrime. The scammers all provided legitimacy by using false documents, edited videos, and sometimes spoof phone numbers to convince victims to comply with their requests.

MODUS OPERANDI:

  • The Scammers/Cheaters pretend to act like law enforcement or government officials (Police, ED, CBI, Interpol, Customs, etc.) via emails, phone calls, WhatsApp messages, or fake official letters. 
  • Scammers then create a panic to tell the victim of a supposed arrest warrant in the victim’s name for tax evasion, customs violations, or other violations like pornography, unauthorized site usage, etc…, 
  • To show credibility to the victim, the scammers send fake documents, fake videos, or fake arrest warrants, claiming as real. And they threatened the victim not to approach the advocate.  
  • Then the scammers forced the victims to turn on a video call through WhatsApp or Skype to make the interaction look real. Scammers will set up a fake police station to convince the victim to gain trust. 
  • Then, the Scammers say something like, “Let’s settle the matter,” and pressure the victim to pay money through the UPI ID or cryptocurrency, or prepaid gift cards, or bank transfer to avoid arrest.  
  • Once the victim paid the amount, the scammers disappear immediately and leaving the victim to realize he has been deceived and cheated, and that the situation was not real.  
CURRENT TRENDS IN INDIA:

In the year of 2021, the digital arrest fraud started, and it had multiplied 21 times by 2024. Bandi Sanjay Kumar, Minister of State for Home Affairs, said in the house that the National Cybercrime Reporting Portal (NCRP) revealed that 39,925 instances of digital arrests were recorded in 2022, and fraud worth Rs. 91.14 crore was committed. The total value defrauded rose to Rs. 19,35.51 crore in 2024, with a total number of instances being 1,23,672.  In the first two months of 2025, there were 17,718 instances of digital arrest fraud and defrauding worth 210.21 crore rupees.

It is not accurate to assert that these scams have only affected the gullible.  The digital arrest fraud has affected educated Indians, even doctors, businessmen, social media influencers, retired under-professors, and former army officers, who have lost crores of rupees to these fraudsters.  The fraudsters committed fraud against these educated individuals, who failed to recognize that there is no such legal concept as “digital arrest.”

STEPS TAKEN BY THE GOVERNMENT:

  • “Indian Cyber Crime Coordination Centre (I4C) was set up by the Central Government Ministry of Ministry of Home Affairs”. And this I4C deals with all types of cybercrime and coordinates national efforts to combat cybercrime and provide cybercrime prevention resources.
  • More than 1700 Skype IDs and 59,000 WhatsApp accounts used for Digital Arrest were identified and blocked by the I4C.
  • Up until November 15, 2024, the Government of India has blocked over 6.69 lakh SIM cards and 1,32,000 IMEIs, as reported by the police.
  • Under I4C, the ‘Citizen Financial Cyber Fraud Reporting and Management System’ was launched in the year of 2021 for immediate reporting of financial frauds. So far, a financial amount of more than Rs. 3431 Crore has been saved in more than 9.94 lakh complaints.
  • ‘1930’ is a toll-free helpline number to get assistance in lodging online cyber complaints.
  • Cyber Forensic Laboratories: The National Cyber Forensic Laboratory in Delhi and the Evidence Lab in Hyderabad have bolstered the police’s ability to receive and process digital evidence.
  • 10.09.2024 I4C has launched the Suspect Registry to identify the cyber criminals who are collaborating with Banks and financial institutions. 
  • As a part of I4C, the government has launched the new “National Cyber Crime Reporting Portal” (https://cybercrime.gov.in) for the public to report all types of cybercrime. And gave more importance and focus on cybercrime against children and women. Once the crime was reported here, it was converted to FIR and subsequent action will be taken by the consent state’s enforcement department as per law.
  • Under I4C, seven Joint Cyber Coordination Teams (JCCTs) have been constituted in Hyderabad, Ahmedabad, Guwahati, Vishakhapatnam, Lucknow, Ranchi, and Chandigarh to cover the whole country to identify the cybercrime hotspot areas. 
  • To create awareness among the people government introduced the I4C social media account, i.e., “X (formerly Twitter) (@CyberDost), Facebook (CyberDostI4C), Instagram (cyberDostI4C), Telegram(cyberdosti4c), and publishing of Handbook for Adolescents/Students, digital displays on railway stations and airports across, etc. 
LEGAL FRAMEWORK FOR DIGITAL ARRESTS:

As per the current legal system, there are no specific provisions regarding digital arrest. But the Bhartiya Nyaya Sanhita, 2023(BNS) and the Information Technology Act, 2000, indirectly deal with it. 

  1. The Bhartiya Nyaya Sanhita (BNS)Provisions: 
  • Section 111 addresses organized crime and its penalties. It entails engaging in any illegal conduct, including cybercrimes, either alone or in concert. Organized crime syndicates are also covered.
  •  Section 318 of BNS,2023(IPC 415), speaks about cheating and its punishments. 
  • Section 318(1) – Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.
  • Section 318(2) BNS says the cheaters shall be punished for 3years, or fine or both
  • Section 319 BNS(IPC416) speaks about cheating by personation 
  1. The Bhartiya Nagarik Suraksha Sanhita (BNSS). 
  • In terms of guiding arrests, the Bhartiya Nagarik Suraksha Sanhita (BNSS), previously known as the CrPC, also extends to instances with respect to digital offenses.  Although there are no provisions for making a digital arrest in any of the procedures in the Sanhita, herein the Sanhita merely provides standards for arrest, search, or seizure, law enforcement agencies may seize electronic devices, restrain bank accounts, or restrain access to social media accounts, as part of an investigation.  Law enforcement agencies are able to carry out, as part of their investigation, the seizure of electronic devices, restrain bank accounts, or restrain access to social media accounts.
  1. Constitutional Provisions: 
  • Article 20 (3) protects individuals from self-incrimination. In the context of digital arrest, this means that individuals cannot be compelled to provide passwords or other information that could be used against them in a criminal proceeding.
  • In the landmark ruling of Justice K.S. Puttaswamy v. Union of IndiaThe Supreme Court recognised the right to privacy as a fundamental right under the Indian Constitution – it expressly stated that under Article 21, the right to privacy is part of the right to life and personal liberty. Restrictions of any digital arrest must apply the principles of proportionality that do not infringe on the privacy rights of people. The Personal Data Protection Bill, 2019, promotes a broader regime concerning the protection of individuals’ personal data in India in addition to the constitutional right to privacy. The Bill includes provisions on consent, data processing, and more broadly, data rights that are relevant to the construction of digital arrest.
  1. Information and Technology (IT) Act, 2000 – 
  • Section 66C. Punishment for identity theft. –Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment which may extend to three years and shall also be liable to fine which may extend to rupees one lakh
  • Section 66D. Punishment for cheating by personation by using computer resources. –Whoever, using any communication device or computer resource, cheats by personation, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to a fine which may extend to one lakh rupees.
  • Section 72 speaks about the Penalty for Breach of confidentiality and privacy.
THE PREVENTIVE MEASURES:

If you have been victimized and lost your money, consider the following safety measures: 

  • Report the fraud to your bank: Freeze accounts to prevent future losses and initiate the process of reversing the fraudulent transactions. 
  • File a Complaint: Report the occurrence of fraud to law enforcement so it can be classified as a formal investigation. If you are a victim in India, you can also report the fraud to local Indian police and provide them with the accurate jurisdiction, or contact the national cybercrime helpline at 1930, or online at the site www.cybercrime.gov.in.
  •  Victims also have an option to lodge a complaint with the Cyber Crime Cell through the SacharSathi Portal to keep track of their case. 
  • Unauthorized transactions and identity fraud can have an impact on your credit score as well. Resolving this would entail contacting the credit bureaus and disputing errors, and working with creditors for resolution. 
  • Keep your accounts and devices secure: Change passwords, use two-factor authentication, and scan your devices to check that malware is completely removed.

OUR ROLE:

  • Only the government and law enforcement cannot fight alone against the scammers; it is the duty of every citizen to join hands with the government to fight against digital arrest and other forms of cybercrime.
  • Awareness and education are the first lines of defence, especially in relation to the most vulnerable segments of the population that are most appealing to these fraudsters: the elderly, young people, and the rural population.
  • People may be more informed about these scams and arm themselves with tools to protect themselves if we talk openly about how digital fraud operates.
  • We need the environment to be supportive so that victims can share experiences without being stigmatized or feel judgement. It is important to change the narrative around this topic to help break the silence that often allows cybercriminals to continue their activities.
RECENT CASES RELATED TO CYBERCRIME: 
  1. Bulli Bai App Scandal (2022): In January 2022, a virtual arrest was made of the Bulli Bai app – an online platform that targeted and harassed Muslim women by putting their images meant for “auction”. The criminals developed fake identities and set up GitHub-hosted apps for the sole purpose of harassing these women. The primary suspects in this case, young, tech-savvy people, were located and taken into custody by police in Delhi and Mumbai using social media tracking and cyber forensic technologies.
  2. The first conviction of digital arrest occurred in Bengal. In this case, the retired scientist got a WhatsApp call from someone posing as a Mumbai police officer, accusing him of a financial crime, and did a digital arrest and forced him to pay the amount to a different account. A total of 1 crore was looted by the accused. Finally, police found out about the 13 accused; within 8 months, the trial was concluded, and 9 people were convicted.
  3. In what is currently regarded as India’s largest digital arrest scam, a highly organized cybercrime group based in Cambodia duped a 60-year-old female doctor from Gandhinagar out of an incredible ₹19.24 crore. The doctor endured a terrifying virtual imprisonment for three months, during which she was constantly monitored and subjected to mental pressure through video chats and phone calls. This depleted her life savings and broke down her resistance. This incident happened in March 2025, and it came to the limelight only this month of July 2025.
RECOMMENDATIONS:
  • There are no separate legal provisions regarding the digital arrest, so we have to amend our IT Act to include the digital arrest and other similar offences with heavy fines and imprisonment without bail.
  • Have to create a separate wing regarding cybercrime in every police station and district-wise one control room regarding cybercrime, and state-wise special force to investigate the large amount related scams.
  • Educate the people against cybercrime and create awareness among the literate and illiterate persons. Have to add a subject in the primary education level to create awareness from a young age onwards. 
  • The legal proceedings shall be sped up, and the trial could be completed within one year. And collaborate with ethical hackers to find the cybercriminals.
  • The Indian government has to raise this issue with the UNO, and we need one umbrella legislation regarding cybercrime. Because the internet has no jurisdiction. The predator can live in any country, so establishing an international-level legal enforcement department and law is much needed.
CONCLUSION:

The emergence of fake digital arrests in India is quite challenging. One of the reasons for the increase in scams that target adults in India is the stigma of victimization and the shaming of victims. Stigma and shame create social pressures on victims that silence them from talking about their crimes. The stigma of a cyber scam and the fear of the loss of face are one of the reasons victims choose not to report the crime. This stigma allows scammers to continue to operate with social immunity from either criticism or prosecution. It is time to reverse this narrative. We need to turn shame into support and allow victims to talk and seek justice. For example, by developing a culture of shared language around this experience, we will allow the voices of victims to be secure and challenge scammers. To create a better environment free of crime and exploitation, we must educate, increase awareness, and foster collaboration with authorities and citizens. It is these components that will help us stop other victims from falling victim to the crime, one data breach at a time. Together, we can help victims confront scammers and eliminate scams that exist in the digital world. Now is the time to disrupt the silence and set a trend that leads the tides away from digital fraud through a commitment to justice against cybercriminals.

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