Digital Arrest: A Non-Existent Law and a Growing Cybercrime Threat in India

Introduction

In recent years, the term “digital arrest” has entered public discourse due to a sharp rise in cyber frauds across India. Despite its frequent use by criminals, digital arrest has no legal recognition under Indian law. It is a deceptive tactic used by cybercriminals to extort money by impersonating law-enforcement or investigative agencies and psychologically coercing victims through digital communication platforms.

What is Digital Arrest?

A so-called digital arrest involves scammers falsely claiming—via phone calls, video calls, emails, or messaging apps—that a person is under arrest for serious offences such as money laundering, narcotics trafficking, or terror financing. Victims are threatened with immediate arrest unless they comply with demands, usually involving the transfer of money to “safe” or “government” accounts.

Legally speaking, no arrest can be made without physical custody and due process as prescribed by criminal law. Any arrest claimed to be conducted virtually is void and illegal.

Legal Framework Governing Arrest in India

• An arrest must follow due procedure under the Code of Criminal Procedure (CrPC), 1973 (now largely replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023).

• Arrest requires authority of law, physical restraint or custody, and compliance with constitutional safeguards under Article 21 of the Constitution (right to life and personal liberty).

Hence, the concept of digital arrest is alien to Indian criminal jurisprudence.

Relevant Legal Provisions Used Against Digital Arrest Scams

Although digital arrest itself is not a defined offence, perpetrators are prosecuted under existing statutes:

1. Information Technology Act, 2000

• Section 66C – Identity theft (using another person’s identity fraudulently).

• Section 66D – Cheating by personation using computer resources.
  These provisions directly address impersonation and online deception central to digital arrest scams.

Judicial Response and Landmark Developments

First Major Conviction

A landmark judgment from a trial court in West Bengal resulted in life imprisonment for multiple accused involved in a digital arrest scam that defrauded a retired scientist. This case marked one of the first strong judicial responses to such cyber-enabled frauds and demonstrated that existing laws are sufficient to impose severe punishment.

Supreme Court’s Intervention

The Supreme Court of India has taken serious note of digital arrest scams:

• It has described such frauds as grave offences undermining public faith in the justice system.

• The Court has restrained lower courts from granting undue leniency to accused persons involved in digital arrest scams.

• Recognizing the inter-state and organized nature of these crimes, the Court has supported centralized investigation by national agencies, including the CBI.

Although no single “digital arrest” judgment exists as a classic precedent yet, these interventions signal a developing jurisprudence against cyber-coercion and impersonation frauds.

Conclusion

Digital arrest is not a legal concept but a sophisticated cybercrime strategy built on fear, impersonation, and misinformation. Indian law clearly mandates that arrest can only be made through lawful authority and physical procedure. Courts and enforcement agencies are increasingly responding with stringent action by invoking the IT Act and criminal law provisions.

To effectively combat this menace, public awareness, legal literacy, swift reporting, and robust cyber-crime enforcement are essential. As jurisprudence evolves, digital arrest scams are likely to attract even stricter judicial scrutiny and punishment.