Abstract
Digital arrest scam cases have increased significantly in India in recent years. In these scams, fraudsters impersonate law enforcement officials and other authorities to deceive victims. They collect personal information about the target and contact family members, falsely claiming that the person has been arrested for a criminal offence. Victims are threatened and asked to pay money in the name of bail or settlement. This article examines the modus operandi of digital arrest scams, the existing legal framework, and the gaps in Indian criminal law that hinder effective prevention and prosecution.
Introduction
With the rapid expansion of internet access and digital services, cybercrime has increased significantly in India. While digital technology has improved convenience, it has also created new opportunities for criminals to commit fraud.
One emerging form of cyber fraud is the digital arrest scam.
These scams operate through fear and urgency. Victims, worried about their family member’s safety and reputation, often comply without verification. The fraudsters pose as authorities, victims hesitate to approach the police immediately, leading to financial loss and underreporting.
What Are Digital Arrest Scams? (Modus Operandi)
- Digital arrest scams follow a systematic pattern of deception through impersonation.
- Fraudsters impersonate police officers, CBI officials, or ED officers and contact victims through video calls on platforms such as WhatsApp or Zoom to appear authentic. In some cases, they wear uniforms, display fake identity cards, and show forged documents like FIRs or court notices.
- They falsely inform the victim that a close family member has been arrested and threaten serious consequences if immediate payment is not made. Money is demanded under the pretext of bail, fines, or settlement, and urgency is created to prevent verification.
Once the victim transfers the amount, the fraudsters disappear and all communication stops.
Gaps in Indian Criminal Law
- Indian law does not specifically recognise “digital arrest scams” as a distinct offence. Such cases are currently prosecuted under general provisions on cheating, impersonation, and cyber fraud, which do not fully capture the nature of the offence.
- Public awareness about digital frauds remains limited, especially among elderly persons and those with low technological literacy. There is widespread ignorance about lawful arrest procedures. Police do not inform families of arrests through video calls or demand money for bail, which only courts can grant. Lack of legal knowledge makes victims vulnerable.
- Many offenders operate from foreign jurisdictions, creating difficulties in investigation, jurisdiction, and extradition.
- Low conviction rates, limited technical infrastructure, and insufficient cyber forensic capacity further weaken enforcement and deterrence.
Challenges in Investigation and Prosecution
- Offenders hide their identities using fake names, forged documents, and stolen personal data, making tracing difficult.
- The use of virtual numbers, VPNs, and foreign servers creates technical and jurisdictional barriers.
- Victims often hesitate to report due to shame, stigma, or fear, leading to underreporting and delayed action.
- Lack of specialised cyber cells and trained personnel at the district level makes reporting and access to justice difficult for common citizens.
Suggested Reforms
There is a need for legal and institutional reforms to address digital arrest scams.
- Firstly, a specific statutory offence should be introduced to penalise digital arrest scams and online impersonation of authorities.
- Secondly, stricter KYC norms for SIM cards and digital wallets should be enforced to improve traceability.
- Thirdly, public awareness campaigns should be conducted to educate citizens about cyber frauds and lawful arrest procedures.
- Further, specialised cybercrime courts or dedicated benches should be established at the district level for speedy disposal.
- Finally, regular training should be provided to police and investigators to enhance technical skills and cyber forensic capacity.
Conclusion
Digital arrest scams are a serious and growing threat, causing financial loss and severe psychological distress, which in extreme cases may lead to medical emergencies. This demands urgent legal and institutional attention.
There is a clear need for specific legal provisions to define and punish digital arrest scams. As digital technology expands, the law must evolve to address new cyber-enabled crimes.
Along with legal reform, public awareness is essential. Citizens must be educated about lawful arrest procedures, common cyber fraud techniques, and available legal remedies. Only a combined approach of legal reform, institutional strengthening, and public education can effectively combat digital arrest scams.
