This short article is written by N. Likhitha Prasad, an LLM Student of Jain (Deemed-to-be-University) School of Law, Bengaluru.
ABSTRACT
The rapid growth of digital technologies and internet penetration in India has opened up once-in-a-lifetime opportunities for communication, commerce, and governance. However, in tandem with these benefits, cybercrime has reared its head as a serious threat. One of the most noted forms of this phenomenon is called “Digital Arrest” – a sophisticated scam that relies on fear, authority and psychological manipulation to extort funds from unsuspecting individuals. In incidents of Digital Arrest, criminals impersonate law enforcement officers, customs officials, or other government authorities, and individuals are falsely implicated of committing crimes, such as narcotics trafficking, money laundering, or other cyber offenses, and subsequently intimidate them in real time via video calls, surveil them at home, all the while threatening to arrest them or seize their property unless they produce financial payment as falls to clean their name.
This study addresses the meaning, modus operandi and legal implications of digital arrest scams in an Indian context, as well the various cyber techniques deployed by criminals, ranging from caller ID spoofing, phishing, counterfeit documents to the impersonation of a judicial or law enforcement authority. The paper carefully examines the social, psychological and economic implications for victims of digital arrest, beyond just loss of financial funds, but also severe mental trauma, social dislocation and extreme cases of victim suicides. The legal analysis relies on the Information Technology Act, 2000, and Bharatiya Nyaya Sanhita, 2023, exploring just how existing laws deal with crimes of cheating, impersonation, forgery, and extortion in digital spaces. The courts and others have reinforced in multiple ways that there is no legal basis for arrest via online means; hence, “digital arrest” can only be viewed as fraudulent. Despite the fact that the government has established a number of channels for victims to report such illegal behavior, notably through the Indian Cyber Crime Coordination Center (I4C) and the National Cyber Crime Reporting Portal and the 1930 telephone helpline. Despite recent specific warnings to the public, the issue continues to worsen, as seen in reference to the thousands of crores of rupees in financial loss.
This research promotes deeper discussion about the potential to strengthen law enforcement capacity, increase cyber literacy, forge effective international cooperation and establish victim support initiatives through analysis of case studies and statistical information. In conclusion, the study concludes that the challenge of preventing or defending against digital arrest scams will require societal shifts to alertness or resilience that should include legal and technological means as well as literacy in the digital ecosystem, through societal awareness and action.
Keywords: Digital Arrest, Cybercrime, Impersonation, Online Fraud, Cybercriminals