Digital Arrest Scams in India: Doctrinal Analysis of the Legal Framework, Enforcement Challenges and Regulatory Reforms

Abstract

The quick proliferation of technologies of digital communication, online banking services and digitized public services has given rise to new ways of cyber criminals to make use of technological mechanisms and people’s trust. Digital arrest scams are one of the new types of cyber enabled financial scams, which are known as “digital arrests”. In the case of digital arrest, the offenders take the identity of any of the investigating agencies, police, court or any public official and make the individuals believe that they have any involvement in the crime. Through phone calls, video conferencing, false documents, the threat of being arrested and psychological manipulations, the victims are convinced into transferring the amount to bank accounts maintained by the offenders. Notably, there is no concept of digital arrest in the laws of India and any process that does not allow an individual to be arrested or detained via phone call or video call. This paper will carry out a doctrinal analysis of the current Indian legal system in regard to digital arrest scams. In this context, the paper will review the relevant sections of Bharatiya Nyaya Sanhita, 2023, Information Technology Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023, in addition to the institutional measures involved in reporting and investigation of cyber frauds. The paper posits that the criminal law can be utilized in dealing with constituent crimes like cheating, cheating by personation, criminal intimidation and forgery. Nevertheless, challenges still exist in terms of identifying offenders, preservation of electronic evidence, tracing and freeze of the fraudulent money, jurisdiction and inter-agency cooperation.