You Are Under Arrest: Digitally Speaking!

Digital Arrest Scams in India: Bogus Cops and authentic offences!

Imagine waking up to a phone call from a stranger who claims to be a police officer. They speak with such authority and confidence that you have no reason to doubt them. The words "You are under investigation" and "We have flagged your online activity" send a chill down your spine. Panic sets in as the voice on the other end of the line demands that you provide payment immediately to avoid arrest. You’ve never been involved in any criminal activity, yet the threat is so real, so urgent, that you fear for your freedom, your family, and your future.

Technology is a double-edged sword. A sword, when brandished in the right direction, can help a nation win wars and counter-maneuver terrorists. However, when in wrong hands, the same sword can pierce through the very heart of humanity. “Digital Arrests” refers to a fraudulent claim or threat that an individual is under investigation or arrest by law enforcement agencies for activities such as cybercrimes, online offenses, or even unpaid bills, in the sheer absence of any cause of action. This cruel form of fraud preys on the fear of being trapped in an inescapable legal nightmare. It is pertinent to note that when a layman finds himself wrestling with premiere investigation agencies of the country, he gives in to web of lies spun by scammers masquerading as high-ranking law enforcement officers who exploit the power of technology to manipulate and extort.

Res Ipsa Loquitur: The Heartbreak and Despair of Victims!

According to media reports¹, Indian citizenry have lost a little over One Hundred and Twenty Crores Indian Rupees to digital arrest scams in the first quarter of 2024 itself. The portals of national media are flooded with similar stories depicting the ordeal of similarly placed victims day in and day out. Recently, a prominent social media influencer shared a heart-wrenching account of being held “hostage” for 40 agonizing hours by a scammer posing as a police officer. Such horrific incidents highlight the underlying ground realities of legal illiteracy galore in the country. If a content creator, who relies on technology to earn his daily bread, is suspectable to cyber offenses, imagine the plight of regular citizens who struggle with both legal and as well as technological illiteracy.

Modus Operandi: Awareness is key!

A digital arrest scam involves fraudsters impersonating law enforcement officers or government authorities to falsely claim that an individual is under arrest or investigation for various offenses. These offenses could range from cybercrimes to alleged non-payment of taxes or even fake claims of terrorism-related activities. The criminals often threaten victims with dire consequences such as arrest, imprisonment, or legal action if they fail to comply with the scammer’s demands, which may include paying a bribe, transferring money, or providing sensitive personal information.

Some common forms of digital arrest scams include:

• Impersonation of Police or Government Officials: Imagine a situation where you receive an “international call” from a courier The purported executive of the aforementioned company informs you that he is in receipt of a courier containing contraband and the same is dispatched in your name. Before you bat an eye, the call is then transferred to a fraudster, impersonating as an officer from your local police station and places you under “digital arrest”². Fraudsters pose as police officers or government representatives and claim that the victim is under investigation for cybercrimes or other alleged offenses.
• Threatening Arrest via Phone or Email: Scammers often send threatening messages via email, phone calls, or even text messages, claiming that the victim's actions online have led to legal charges, and they are about to be arrested. The purported threat of a potential arrest is neutralized after payment of money.
• Fake Legal Notices and Documents: Victims receive counterfeit legal notices or arrest warrants, complete with official-looking logos, signatures, and case numbers, that seem to confirm the alleged arrest.
• Fake Court Cases: In some instances, scammers create false court cases, complete with case numbers and documents, and use this as leverage to extort money from
• Ransom for Bail: After informing the victim that they are under arrest, fraudsters demand a ransom or bribe to “bail” them out, warning them that failing to comply will result in imprisonment.

Bailing You Out: Antidote for Poison!

First and foremost, it is imperative for citizens to be fully aware that there is no legal provision, statute, or judicial pronouncement that legitimizes the concept of digital arrests. According to Indian law, arrests can only be made under the procedures and circumstances outlined in the Bharatiya Nagarik Suraksha Sanhita, 2023, which governs the legal framework surrounding arrests and criminal procedures in India. This statute, as well as established legal precedents, stipulates that arrests must be carried out by law enforcement authorities in accordance with prescribed legal processes, and not through arbitrary or fraudulent claims made online. Any attempt to falsely claim or enforce an arrest through digital means is a criminal offense, and such actions should be reported to the authorities for appropriate legal action.

Fool me once, shame on you: Red flags to defeat masterful deceit!

No police officer or law enforcement agent will call you or video call you to record your statement. FIRs, identity cards and arrest warrants are never circulated online. Police personnel will never give instructions on a video call. It is important to securitize purported summons and warrants served online to verify its authenticity. Most of these fake and fraudulent calls or video calls can be effectively dealt with through careful and intelligent cross-questioning.

If you were to find yourself in a similar position, do not fall prey to the false sense of urgency created by the scammer, instead calmly assess the situation by verifying the claim. One should endeavor to scrutinize the phone number, email address, etc. used to initiate contact. Further, in case summons have been served upon you online, it is advisable to contact the concerned authorities directly to verify its authenticity. One should refrain from sharing any personal information online to avoid possible misuse of such information. Some other common red flags are use of poor grammar and unverifiable case details in fake summons/warrants circulated online. It should be noted that summons and warrants issued by a judicial pen are of standard formats prescribed by the law of the land.

Conclusion: Know the Law!

A victim of digital arrest should immediately report the crime on National Cyber Crime Reporting Portal and file a cyber complaint with the local police station. Typically, a designated police station is responsible for pursuing cyber offences in each jurisdiction. Timely action at the behest of the complainant enables law enforcement agencies to block suspicious phone numbers and email addresses deployed to commit cyber offences. The Ministry of Home Affairs, Government of India, has also set up Indian Cyber Crime Coordination Centre (I4C) to deal with all kinds of cybercrimes in the country in a comprehensive fashion. I4C has effectively blocked with 1700 skype IDs and 59,000 WhatsApp accounts used for digital arrests³.

Digital arrest scams are a growing menace in India, exploiting people’s trust in authority and their lack of digital awareness. It is crucial for individuals to stay vigilant, question any unsolicited communication claiming to be from law enforcement or government agencies, and know how to verify such claims.

By taking proactive steps to protect personal information, reporting scams to the proper authorities, and raising awareness among friends and family, individuals can reduce their vulnerability to these fraudulent schemes. As digital literacy improves and more people learn to spot scams, it is hoped that such fraudulent practices will diminish, leading to a safer and more secure digital environment for all.

Footnotes

^{1 Mint, Indians lost INR. 120 cr in digital arrest frauds in Jan-April quarter this year: Report, Indians lost ₹120 cr in digital arrest frauds in Jan-April quarter this year: Report | Today News, (last vised on 25 Jan, 2025)}

^{2 News18,  Digital Arrest  Scams  in  India:  How  people  are  losing  their  hard  earned  savings, https://www.news18.com/tech/digital-arrest-scams-in-india-how-people-are-losing-their-hard-earned-savings-9198764.html, (last visited on Jan 25 2025)}

^{3 PIB, Press Release:Press Information Bureau, (Last visited on Jan 25, 2025)}

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.