Exploring Legal Provisions and Safeguards Against Digital Arrest Scams in India
One of the most alarming cybercrimes India has witnessed in recent years is the ‘digital arrest’ scam. This sophisticated method involves fraudsters impersonating law enforcement officials to deceive and extort money from unsuspecting individuals. The term ‘digital arrest’ refers to the fraudulent act of convincing victims that they are under arrest through digital means, such as phone calls or video conferences, without any physical interaction. This article explores the mechanism behind this scam, its law and justice implications, and the steps taken to curb it.
Mechanism Behind the ‘Digital Arrest’
The modus operandi of the ‘digital arrest’ scam is cunning and manipulative in nature. Scammers usually portray themselves as officials of some well-known law enforcing agencies like Police, Enforcement Directorate, or CBI. They contact victims via phone calls or video conferences, often using technology to create convincing fake backgrounds that mimic official settings. During these interactions, they accuse the victims of serious crimes, such as money laundering or drug trafficking, and threaten immediate arrest unless a substantial sum of money is paid.
One such case involves S.P. Oswal, chairman of the Vardhman Group, who was victimized to part with $830,000. The scammers masqueraded themselves as federal investigators and conducted a fake Supreme Court hearing via Skype. They manipulated Oswal into making the transfer of funds to an account that seemed to be a “secret supervision account.”
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Legal Framework and Consequences
The ‘digital arrest’ scam works within an intricate legal framework. The Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), which prescribes procedures for electronic summons, provides that such summons must be encrypted and bear the image and seal of the Court along with a digital signature. This ensures the authenticity of legal communications. However, the BNSS also makes it a condition that the arrests are conducted through due process wherein the arresting officer clearly identifies himself and an arrest memo is prepared signed by a witness. INDIA TODAY
Fraudsters take advantage of the fact that the public is not aware of these legal procedures. They threaten and intimidate the victims into believing that they are under arrest. This causes both emotional and monetary loss.
Recent Incidents and Government Response
The Indian government has acted proactively regarding the ‘digital arrest’ scam. In October 2024, the Union Ministry of Home Affairs constituted a high-level committee that would investigate these cases and act promptly against those involved. The committee, under the supervision of the Secretary of the Ministry’s Internal Security, coordinated efforts across the states to address this cybercrime.
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Besides, the government has been actively blocking fraudulent video call IDs and issuing public warnings to educate citizens about the scam. In his “Mann ki Baat” radio broadcast, Prime Minister Narendra Modi made it clear that there is no legal concept of ‘digital arrest’ and asked the public to be cautious.
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Preventive Measures and Public Awareness
Verify the Identity of Callers: Always verify the identity of people claiming to be law enforcement officials. Official communications are usually done through official channels and not through unsolicited calls or video conferences.
Do Not Share Personal Information: Do not share personal or financial information over the phone or through digital platforms, especially if unsolicited.
Report Suspicious Activities: Immediately report any suspicious calls or messages to local law enforcement agencies or the national cybercrime helpline.
Stay Informed: Regularly update oneself on common cybercrime tactics and preventive measures through official government portals and trusted news sources.
Conclusion
Digital arrest scam is a serious threat in the digital space because it exploits the trust and innocence of individuals. It reminds people about the need for improved cybersecurity, public education, and quick law enforcement to protect citizens against such fraudulent activities. Individuals must be well-informed and vigilant to prevent this and other emerging types of cybercrimes.
