In a significant move, the Supreme Court has directed the Central Bureau of Investigation (CBI) to probe the alarming rise in digital arrest scams, noting that citizens across India have been defrauded of a staggering Rs 3,000 crore. This judicial intervention comes as legal experts emphasize immediate actions for victims, including disconnecting suspicious calls, preserving evidence, and alerting banks.
What is a Digital Arrest Scam?
Digital arrest is a sophisticated cybercrime where fraudsters impersonate law enforcement officials to extort money. Using threats of immediate arrest, frozen bank accounts, or passport cancellation, they coerce victims into paying hefty fines or security deposits to avoid fabricated legal action. The scam relies on psychological manipulation and fear.
How the Scam Operates: A Step-by-Step Modus Operandi
Cybercriminals follow a chillingly consistent pattern, as outlined in government advisories:
1. Fake Calls & Impersonation: Scammers contact individuals, pretending to be officers from agencies like the CBI, Delhi/Mumbai Police, Enforcement Directorate (ED), RBI, or the Narcotics Department. They often use spoofed phone numbers to appear legitimate.
2. Psychological Intimidation: Victims are falsely accused of serious crimes such as drug trafficking, money laundering, terrorism links, or Aadhaar misuse. Sometimes, they claim a family member is in legal trouble to heighten panic.
3. Digital Confinement: To maintain pressure, fraudsters force victims onto continuous video calls via Skype or WhatsApp. They use fake police station backgrounds to appear authentic, isolating and intimidating the victim for hours or even days.
4. Financial Demand: The ultimate goal is to extort money, demanding payments to close the non-existent case or prevent public exposure.
Recent High-Profile Cases Highlight the Menace
The severity of the threat is reflected in several distressing incidents across the country:
A 71-year-old woman in Delhi was held under digital arrest for nearly 24 hours and psychologically coerced into transferring Rs 49 lakh.
In Faridabad, a 68-year-old man lost Rs 81 lakh to fraudsters posing as police and CBI officials.
Tragically, a man allegedly died by suicide on November 17 after being threatened with arrest in a fake narcotics scam by a criminal posing as an ATS officer.
A senior citizen couple from Ambala, Haryana, was defrauded of Rs 1 crore by individuals impersonating CBI, ED, and even Supreme Court officials.
In perhaps the largest single loss, a 57-year-old IT professional from Bengaluru reportedly lost a shocking Rs 31.83 crore over six months.
Legal Recourse: What Laws Apply?
While digital arrest itself is not a statutory concept, every element of the scam is punishable under existing laws. Legal experts clarify the applicable provisions:
Alay Razvi, Managing Partner at Accord Juris, and Prashant Mali, a cyberlaw expert, confirm these scams are prosecuted under the Bharatiya Nyaya Sanhita (BNS) for cheating, extortion, intimidation, and impersonation, and under the IT Act, 2000 for identity theft (Section 66C) and cheating by personation (Section 66D).
Advocate Shiv Sapra from Kochhar & Co. notes that such acts can be termed as wrongful confinement under Section 127 of the BNS. Abhinay Sharma of ASL Partners adds that a combination of cyber-law and organized crime provisions equips authorities to treat these as serious criminal fraud.
Immediate Safeguards: What Victims Must Do
Experts unanimously recommend a clear, immediate course of action for anyone targeted:
1. Stay Calm & Disconnect: The first and most critical step is to immediately end the call. No legitimate Indian law enforcement agency conducts arrests or demands money over phone or video calls.
2. Do Not Share Data: Under no circumstances should you share personal information, banking details, passwords, or OTPs.
3. Report Immediately: File a report without delay on the National Cybercrime Helpline (1930) or the portal cybercrime.gov.in. This initiates the official process and helps in fund tracing.
4. Alert Your Bank: Contact your bank within the golden hour to flag and freeze any suspicious transactions or accounts.
5. Preserve Evidence: Save all screenshots, call recordings, video call logs, and any communication received from the scammers. This is vital for investigation.
6. Break the Isolation: Inform a family member or close contact immediately. Scammers rely on isolating victims through fear and shame.
7. File an FIR: Lodge a formal First Information Report at your local police station under relevant sections of the BNS and IT Act.
Role of Law Enforcement and Proactive Measures
Authorities are ramping up efforts to combat this organized cyber extortion. Prashant Mali highlights a shift from reactive measures to proactive, intelligence-driven disruption, including call-centre crackdowns, international coordination, and AI-led pattern detection.
The Ministry of Home Affairs' Indian Cyber Crime Coordination Centre (I4C) is actively blocking SIM farms and spoofed VoIP routes. Banks are now integrated with the national fraud reporting platform for rapid fund-freezing.
A crucial tool for citizens is the new 'Report and Check Suspect' feature on the National Cyber Crime Reporting Portal, which allows people to search I4C's repository of cyber criminal identifiers.
Judicial Awakening and the Path Forward
The Supreme Court's directive to the CBI underscores the gravity of the situation. In the case Re: Victims of Digital Arrest Related to Forged Documents, the Court condemned the use of forged Supreme Court orders as a direct assault on the majesty of this institution.
Alay Razvi states that this move highlights the urgent need for stronger cyber-fraud laws, even as authorities work to block scam platforms. The collective focus remains on enhancing public awareness, strengthening international police action, and leveraging technology to protect citizens from these evolving digital threats.
