Today, we are carrying our bank accounts with us everywhere we go. Thanks to various money-transferring applications on our phones like Google Pay, Phone Pay, Paytm, etc. While this digital transformation has provided us with easier and more efficient ways of living, it has also led to a rise in illegal activities known as cybercrimes.
A week or two ago, I received a call from an unknown number. The caller asked if I was Prachi Premraj Patil, to which I responded affirmatively and inquired about the reason for her call. She stated, "Your father, Premraj Patil, told me to send you Rs. 2,000, which I borrowed from him. Can you give me your Google Pay details so that I can return them to you?" At that moment, I realized it was a scam call, but I decided to ask her when he (my father) supposedly instructed her to do this. She replied, "This morning." I then informed her that I lost my father a year and a half ago and told her to stop deceiving people. I ended the call and blocked the number. It was the best I could do at that moment. This experience made me realize that cyber fraud was no longer just news; it had reached my doorstep.
Today, newspapers, social media platforms, and various other sources are filled with reports of cyber crimes and fraud. Even when I am writing this article, multiple news articles about a digital arrest scam are making headlines daily. No one is exempt—neither the rich nor the poor, professionals nor highly educated individuals, nor the illiterate, and also there are no geographical boundaries to these threats. These cases surged during the period of COVID-19.
In 2015, India launched the Digital India initiative to create a digitally empowered society. As a result, today we can explore the digital world even on our mobile phones. We are carrying our bank accounts along with us everywhere we go due to various money-transferring applications on our phones like Google Pay, Phone Pay, Paytm, etc. While this digital transformation has provided us with easier and more efficient ways of living, it has also led to a rise in illegal activities known as cybercrimes. The term cyber crimes can be simplified as an illegal/ criminal activity committed via computer or information system for the theft of personal data, fraudulent actions, violation of privacy or halting of operations using malicious programs. The primary motive behind such activities is for financial gains. The most common forms of cyber crimes are hacking, cyber stalking, cyber terrorism, cyber pornography, etc.
"Digital Arrest" is a new form of cybercrime that has gained attention both nationally and globally. It targets individuals from various backgrounds and causes them significant financial losses. In this scheme, cybercriminals impersonate (it is an act of pretending to be another person for fraud ) law enforcement officials, including police officers, members of the Enforcement Directorate (ED), the Central Bureau of Investigation (CBI), or judicial authorities. They initiate contact with victims via phone calls. Subsequently, they request that the victims switch to video communication through platforms like WhatsApp and Skype. They deceive their victims into thinking they have committed serious crimes, which leads to extortion and fraud. The scammers mislead the victims into believing that he or she has been put under digital arrest and will be prosecuted if does not pay the scammers the amount demanded by them.
These scammers use tactics of fear and a sense of urgency against victims to extort money. They may make False accusations against the victims implicating them in criminal activities such as drug trafficking or possession of illegal items. The scammers may also portray Fabricated emergencies. The Victims may be told that a loved one is in trouble, such as being in custody or involved in an accident. These scammers mostly use AI technology to mimic the voices of the family members of the victim to extort money from them. And finally, to resolve the fabricated issues, victims are asked to transfer money immediately. To make things realistic these scammers establish Fake offices. The Studios are designed to imitate police stations or government offices. The Scammers also wear official-looking uniforms to appear legitimate.
The Honourable Rajasthan High Court comprising a single judge bench of Hon'ble Justice Anoop Kumar Dhand recently took suo Motu cognizance of the increasing cases of digital arrest. In this case, the court has reiterated the fact that ‘there is no provision as ‘digital arrest’ under Indian laws’. Even the newly introduced criminal law, Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) has no provision for digital arrest. The Information Technology Act, of 2000 also does not recognise the offence of digital arrest.
The court also emphasised the fact that people should be made aware of the basic processes of the criminal justice system. First of all, no one can randomly make a phone call to you and tell you that you are arrested. To date, the process for the arrest is physical arrest only. People must be made aware that law enforcement agencies have to follow certain due process to execute the arrest of a person. The general provision for this is provided under sections 35 and 36 of Bhartiya Nagarik Surakshya Sanhita, 2023.
The police may arrest an accused with or without a warrant depending upon the kind of offence. An arrest without warrant is limited to cases endorsed u/S 35 such as arrest for cognizable offence, proclaimed offenders, military deserters, etc. The cognizable offences are mostly serious offences that threaten the society listed under the First Schedule. In case of arrest with a warrant such warrant must be in writing, signed by the presiding officer and sealed by the court. Even if the BNSS provides for electronic summons it comes with the requirement that the summons served electronically shall be encrypted and shall bear the image and seal of the court and digital signature.
The people shall be aware that the police officer carrying the arrest shall bear accurate visible and clear identification, and prepare an arrest memo at the time of such arrest which is required to be attested by at least one witness and signed by the person being arrested. The honourable Supreme Court by its order in the case of Satender Kumar Antil V. The Central Bureau of Investigation prohibited the police from sending notices by WhatsApp or other electronic means. This is to avoid confusing situations and protect innocent citizens from cybercrime.
Then again, people are kept under digital arrest for 2-3 days by these scammers to create pressure on them to extort money. It means the video call by scammers does not end and you have to be on call 24/7. People need to be aware that there is no concept of digital arrest. Even if there exists the concept of ‘house arrest’ it is applicable in case of some special laws like preventive detention and that too in very rare cases.
In such cybercrime-related scams, people are having one-to-one conversations with the scammers which allows the scammers to use their manipulative techniques and deceive. So the major solution against such scams is to create constant awareness amongst the people in the easiest way and through the easiest sources possible so that people will not fall into such situations in the first place. The central government has taken various initiatives to tackle and create awareness about cyber crimes. It includes the setting up of an Indian Cyber Crime coordination centre by the Ministry of Home Affairs to deal with cyber crimes in the country. The central government is running an awareness programme through platforms like Prasar Bharati, social media, newspapers, and electronic media. The National Cyber Crime Portal has also been launched where people can report incidents about all types of cyber crimes, with a special focus on cyber crimes against women and children. The ‘Citizen Financial Cyber Fraud Reporting and Manage System’, has been launched in the year 2021 for immediate reporting of financial frauds. A toll-free Helpline number - 1930 has been operationalised to get assistance in lodging online cyber complaints.
These scam calls can best be handled by avoiding them. As prevention is better than cure. We on our level can be cautious before receiving unknown calls. Different applications on mobile phones which report spam calls or caller details in advance which can be used. Even if you receive such scam calls you have to be alert if there is an instant demand for money or offer to transfer money and do not make any such transfer. So, be vigilant!
- Prachi Patil
Mobile - 86690 50544
(Author is a practising lawyer at the district and session court in Pune)
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