With the rapid rise of digitalisation in India, cyber fraud has become increasingly common, and sophisticated, targeting individuals across all walks of life. Among the latest threats is the “Digital Arrest” scam, a scheme that manipulates fear to force victims into compliance. Typically, fraudsters impersonate law enforcement or government officials, using realistic video calls and fabricated documents to make their threats appear genuine. Under the pretext of immediate arrest, they pressure their victims into transferring money or disclosing sensitive information. What makes this scam particularly alarming is its reach. From the average citizen to high-profile executives, anyone can become a target. With the scam’s clever use of technology, including video conferencing and digital manipulation, even the savviest individuals have found themselves ensnared by these fraudsters.
What is Digital Arrest?
A “Digital Arrest” scam is a new-age scam that leverages technology to deceive and exploit people by simulating an official arrest scenario online. Fraudsters impersonate law enforcement or government officials, using methods like video calls, falsified documents, and other digital tactics to convince their targets that they are under legal scrutiny. Unlike a physical arrest, a digital arrest is purely virtual, created to manipulate victims into believing that immediate action—usually involving a transfer of money—will save them from severe consequences.
The scam capitalises on people’s fears of legal repercussions and relies on the victim’s trust in authority figures. By using digital platforms to deliver their threats, scammers can intimidate individuals and coerce them into compliance without ever coming into physical contact. As a result, the digital arrest scam has seen a worrying rise, with reports suggesting that it has impacted thousands, from average citizens to high-profile professionals.
The Fundamentals of Digital Arrest
At its essence, digital arrest enables law enforcement to operate in the digital realm, actively tracking, restricting, or apprehending individuals through online evidence and behaviors. It involves a set of components designed to address crime within digital spaces, such as:
Digital Surveillance and Data Gathering – Law enforcement agencies utilize sophisticated technologies to monitor online behavior, analyze digital footprints, and collect evidence. This surveillance includes monitoring social media, email exchanges, location data, and communication on messaging platforms, allowing authorities to detect suspicious activities in real-time.
Restriction of Digital Access – Digital arrest sometimes entails temporarily or permanently restricting a suspect’s access to online platforms or services. For instance, law enforcement may request that social media platforms deactivate accounts involved in illegal activities or that financial institutions freeze digital assets associated with fraud or money laundering.
Apprehension through Digital Forensics – Digital arrest frequently involves gathering forensic evidence from electronic devices such as computers, smartphones, or IoT devices. By tracing an individual’s digital actions, law enforcement can identify suspects and collect legally admissible evidence, which may later support a physical arrest. Implementation of Legal Digital Constraints – Digital arrest includes the use of warrants, subpoenas, and other legal tools to access protected data. Law enforcement often collaborates with tech companies to retrieve the information needed for an investigation or arrest, ensuring that digital actions comply with legal standards.
Comparing Digital Arrest and Traditional Policing
Digital arrest expands the scope of law enforcement by addressing crimes that occur entirely in digital spaces. Unlike traditional arrests, which are often based on physical evidence and witnessed behaviors, digital arrest relies on collecting and analyzing electronic evidence, such as IP addresses, online transactions, social media activities, and encrypted communications. It leverages digital tools like forensic software, advanced algorithms, and data analytics to pinpoint suspects’ locations, identify criminal networks, and track suspicious behavior patterns in real time.
Case Studies of Digital Arrests in India
In a recent incident in Jaipur on 23rd November, 2024, cybercriminals conned Rs 8 lakh out of a 72-year-old man in the city after threatening him with arrest in a money laundering case that was fabricated. In January 2022, a digital arrest was made in connection with the Bulli Bai app, an online platform that targeted and harassed Muslim women by posting their images for “auction”. The perpetrators used fake identities and created GitHub-hosted apps to harass these women. Police in Mumbai and Delhi used cyber forensics and social media tracking tools to identify and arrest the main accused, who were young individuals with technical know-how. Law enforcement agencies in India arrested several people linked to these digital financial scams using phone tracking and digital payment forensics to trace the perpetrators.
Legal Framework for Digital Arrests in India
In India, the legal system has gradually adapted to deal with digital crimes. The primary laws and frameworks governing digital arrests include:
Information Technology Act (2000): The IT Act is the cornerstone of India’s cyber law framework. It covers a wide range of cybercrimes such as hacking, identity theft, and the distribution of offensive content online. The IT Act empowers law enforcement agencies to investigate, arrest, and prosecute individuals for offenses committed in cyberspace.
Section 66: Deals with computer-related offenses, such as unauthorized access or data theft.
Section 67: Covers offenses related to obscene content.
Section 69: Grants the government the power to intercept, monitor, or decrypt information in cases involving national security or cyber terrorism.
Indian Penal Code (IPC): Several provisions of the IPC apply to digital crimes. For example, Section 354D (stalking) and Section 507 (criminal intimidation by anonymous communication) are increasingly invoked in cases involving online harassment or cyberstalking.
The Criminal Procedure Code (CrPC): The CrPC provides guidelines for arrests, searches, and seizures, which also apply to cases involving digital evidence. Law enforcement can confiscate electronic devices, freeze bank accounts, or block access to social media accounts as part of an investigation.
The Personal Data Protection Bill (Pending): This proposed bill will strengthen privacy protections and define how personal data can be collected, used, and processed in India. It will also establish penalties for data breaches and unauthorized access to personal information.
Challenges Faced by Law Enforcement
The anonymity provided by Virtual Private Networks, encrypted messaging apps, and cryptocurrencies makes it difficult for law enforcement to trace the identities of digital criminals. Cybercrimes often cross national borders, making it difficult to prosecute perpetrators, especially if the crime involves foreign actors. International cooperation is often required to resolve such cases. Indian law enforcement agencies are often under-resourced in terms of both manpower and technology to deal with the growing number of cybercrimes. Many cybercrime units lack the specialized tools needed for digital forensics, making digital arrests difficult to execute effectively. The rise of new technologies like deepfakes, voice manipulation, and AI-driven attacks creates fresh challenges for agencies tasked with making digital arrests.
Future of Digital Arrests in India
With the continued digitalization of India’s economy and society, the frequency and complexity of digital arrests are likely to increase. The Indian government is already working on updating its cyber laws to include stronger measures against new types of digital crimes, including those involving cryptocurrencies, deepfakes, and AI-driven fraud. To address cross-border cybercrime, India will need to enhance its collaboration with international law enforcement agencies like INTERPOL and Europol. Digital crimes often involve actors in multiple countries, and international cooperation is key to effective enforcement. Indian law enforcement is increasingly investing in advanced tools for digital forensics, blockchain analytics, and AI-powered surveillance systems to make digital arrests more efficient and accurate. As more individuals in India become vulnerable to digital scams, the government and cybersecurity organizations will likely increase efforts to educate the public about online safety, scams, and how to protect their digital identity.
The author is an Associate Professor in Seedling School of Law and Governance, Jaipur National University, Jaipur.
