DGP Addresses Misinformation on Tripura's Law and Order

Introduction

Digital Arrests are a form of scam that involves the digital restraint of individuals. These restraints can vary from restricting access to the account(s), and digital platforms, to implementing measures to prevent further digital activities or being restrained on video calling or being monitored through video calling. Typically, these scams target vulnerable individuals who are unfamiliar with digital fraud tactics, making them more susceptible to manipulation. These scams often target the victims on allegations of drug trafficking, money laundering, falsified documents, etc. These are serious crimes and these scammers scare the victim into thinking that either their identities were used to commit these crimes or they have committed these crimes. Recently there has been an uptick in the digital fraud scams in India highlighting the growing concerns.

The Legality of Digital Arrests in India

There is no legal provision for law enforcement to conduct ‘arrests’ via video calls or online monitoring. If you receive such calls, it is a clear scam. In fact, recently enacted new criminal laws do not provide for any provision for law enforcement agencies conducting a digital arrest.  The law only provides for service of the summons and the proceedings in an electronic mode. 

The Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 provides for the summons to be served electronically under section 63. The section defines the form of summons. It states that every summons served electronically shall be encrypted and bear the image of the seal of the Court or digital signature. Further, according to section 532 of the BNSS, the trial and proceedings may be held in electronic mode, by use of electronic communication or by the use of audio-video electronic means. 

Modus Operandi

Under digital arrest scams, the scammer makes a connection via video calls (WhatsApp calls, skype, etc) with the victim over their alleged involvement in crimes (financial, drug trafficking, etc) in bogus charges. The victims are intimidated that the arrest will take place soon and till the time the arresting officers do not reach the victim they are to remain on the call and be under digital surveillance and not contact anyone during the ongoing investigation. 

During this period, the scammers start collecting information from the victim to confirm their identity and create an atmosphere in which multiple senior officials are on the victim’s case and they are investigating the case thoroughly. By this time, the victim, scared out of their wits, sits through this arrest and it is then that the scammers posing as law enforcement officials make comments that they can avoid arrest by paying a certain amount of the fines to the accounts that they specify.  This monitoring/ surveillance continues till the time the victim makes the transfers to the accounts provided by the scammers. These are the common manipulation tactics used by scammers in digital arrest fraud.

Recent Cyber Arrest Cases

• Recently a 35-year-old NBCC official was duped of Rs 55 lakh in a 'digital arrest' scam. Posing as customs officials, fraudsters claimed her details were linked to intercepted illegal items and a pending arrest. They kept her on video calls, convincing her to transfer Rs 55 lakh to avoid money laundering charges. After the transfer, the scammers vanished. A police investigation traced the funds to a fake company, leading to the arrest of suspects.
• Another recent case involved a neurologist who was duped Rs 2.81 crores in a ‘digital arrest’ scam. Fraudsters claimed her phone number and Aadhaar was linked to accounts transferring funds to an Individual. Under pressure, she was convinced to undergo “verification” and made multiple transactions over two days. The scammers threatened legal consequences for money laundering if she didn’t comply. Now a police investigation is ongoing, and her immense financial loss highlights the severity of this cybercrime.
• One another case took place where the victim was duped of Rs 7.67 crores in a prolonged ‘digital arrest’ scam over three months. Fraudsters posing as TRAI officials claimed complaints against her phone number and threatened to suspend it, alleging illegal use of another number linked to her Aadhaar. Pressured and manipulated through video calls, the victim was coerced into transferring large sums, even taking an Rs 80 lakh loan. The case is under investigation as authorities pursue the cybercriminals behind the massive fraud.

Best Practices

• Do not panic when you get any calls where sudden unexpected news is shared with you. Scammers thrive on the panic that they create.
• Do not share personal details such as Aadhaar number, PAN number etc with unknown or suspect entities. Be cautious of your personal and financial information such as credit card numbers, OTPs, or any other passwords with anyone.
• If individuals contact, claiming to be government officials, always verify their identities by contacting the entity through the proper channels. 
• Report and block any fraudulent communications that are received and mark them as Spam. This would further inform other users if they see the caller ID being marked as fraud or spam.
• If you have been defrauded then report about the same to the authorities so that action can be taken and authorities can arrest the fraudsters. 
• Do not transfer any money as part of ‘fines’ or ‘dues’ to the accounts that these calls or messages link to. 
• In case of any threat, issue or discrepancy, file a complaint at cybercrime.gov.in or helpline number 1930. You can also seek assistance from the CyberPeace helpline at +91 9570000066.

References: 

• https://www.cyberpeace.org/resources/blogs/digital-arrest-fraud 
• https://www.business-standard.com/india-news/what-is-digital-house-arrest-find-out-how-to-avoid-this-new-scam-124052400799_1.html
• https://www.the420.in/ias-ips-officers-major-generals-doctors-and-professors-fall-victim-to-digital-arrest-losing-crores-stay-alert-read-5-real-cases-inside/
• https://indianexpress.com/article/cities/delhi/senior-nbcc-official-duped-in-case-of-digital-arrest-3-arrested-delhi-police-9588418/#:~:text=Of%20the%20duped%20amount%2C%20Rs,a%20Delhi%20police%20officer%20said (case study 1)
• https://timesofindia.indiatimes.com/city/lucknow/lucknow-sgpgims-professor-duped-of-rs-2-81-crore-in-digital-arrest-scam/articleshow/112521530.cms (case study 2)
• https://timesofindia.indiatimes.com/city/jaipur/bits-prof-duped-of-7-67cr-cops-want-cbi-probe-in-case/articleshow/109514200.cms (case study 3)

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The concept of web accessibility (i.e., access to the internet) stems from the recognition of internet access as an inalienable right. In 2016, the United Nations Human Rights Commission (UNHRC) General Assembly referred to the access to Internet as an essential human right. The Supreme Court of India also declared such internet access as a fundamental right under the Constitution of India. Various international instruments of which India is a signatory, such as the United Nations Convention on Rights of Persons with Disabilities (UNCRPD) mandate access to information. The heavy reliance on the internet and websites necessitates making the web space inclusive, navigational and accessible to all individuals, including persons with disabilities.

Various laws mandate web accessibility:

• Right of Persons with Disability Act, 2016: The Right of Persons with Disability Act 2016 Is the primary document for the protection of the rights of persons with disabilities to ensure their full participation. The Act provides several direct and indirect provisions (such as Section 2(y) “Reasonable Accommodation”, Section 40 on “Accessibility”, and Section 42 on “Access to Information and Communication Technology”) to ensure that technology products and services are accessible to a person with disabilities. 
• Rights of Persons with Disabilities Rules 2017: The 2017 rules under Rule 15 (2) task the respective Ministries and Departments to ensure compliance with accessibility standards.
• Guidelines for Indian Government Websites (GIGW): The GIGW provide a framework for websites to be designed in accordance with Web Content Accessibility Guidelines (WCAG) 2.0 standards. The GIGW enables websites to obtain certification by the Standardisation Testing and Quality Certification Directorate, after audit. 

Various other policies include;

• National Policy on Universal Electronic Accessibility, 2013: The National Policy ("Policy") on Electronic Accessibility recognizes the need to eliminate discrimination on the basis of disabilities and to facilitate equal access to Electronics & ICTs. The National Policy also recognizes the diversity of differently-abled persons and provides for their specific needs. The Policy covers accessibility requirements in the area of Electronics & ICT by different stakeholders. It recognizes the need to ensure that accessibility standards, guidelines and universal design concepts are adopted and adhered to.
• Web Content Accessibility Guidelines (WCAG): The WCAG defines how to make web content more accessible to persons with disabilities. While adhering to these guidelines is optional, various versions of the WCAG have been issued. It operates on four principles; perceivable, operable, understandable and robust. It provides a path to ensuring compliance and demonstrating reasonable accommodation for persons with disabilities.

However, despite the laws, web accessibility remains a challenge. A vast majority of Indian websites, especially e-commerce entities and several government websites remain inaccessible to persons with disabilities and most often do not conform with international accessibility standards. A report by the Centre of Internet and Society states that out of the 7800 websites of the Government of India, 5815 had accessibility barriers and 1985 websites failed to open. The report also notes that more than half of the websites had no navigation markup and only 52 websites had the option to change colours. The Ministry of Electronics and Information Technology (MeITy), during the 258^th Session of the Rajya Sabha on 9 December 2022 noted that 95 websites of the Central Government have been made accessible to persons with disabilities during the COVID-19 pandemic, however, only 45 websites of the Central Government have been certified as compliant under the Guidelines for Indian Government Websites (GIGW). As of that date, certification of the remaining governmental websites remains incomplete due to the pandemic. Meity also stated that the Department of Empowerment of Persons with Disabilities in 2017 sanctioned a project to be implemented by ERNET India for making 917 websites of State and Union territories. Under the project, a total of 647 websites have been made accessible as of that date.

Conclusion 

While India has established a robust legal framework and policies emphasizing the importance of web accessibility as a fundamental right, the existing gap between legislation and effective implementation poses a significant challenge. The reported accessibility barriers on numerous government and e-commerce websites indicate a pressing need for heightened efforts in enforcing and enhancing accessibility standards. 

In addressing these challenges, continued collaboration between government agencies, private entities and advocacy groups can play a crucial role. Ongoing monitoring, regular audits and public awareness campaigns may contribute to improving accessibility for persons with disabilities to ensure an inclusive environment and compliance with fundamental laws.

References:

1. https://www.legalserviceindia.com/legal/article-2967-right-to-internet-and-fundamental-rights.html 
2. https://www.indiacode.nic.in/bitstream/123456789/15939/1/the_rights_of_persons_with_disabilities_act%2C_2016.pdf 
3. https://www.meity.gov.in/writereaddata/files/National%20Policy%20on%20Universal%20Electronics%281%29_0.pdf 
4. https://www.meity.gov.in/writereaddata/files/National%20Policy%20on%20Universal%20Electronics%281%29_0.pdf 
5. https://www.w3.org/TR/WCAG21/#:~:text=Web%20Content%20Accessibility%20Guidelines%20(WCAG)%202.1%20defines%20how%20to%20make,%2C%20learning%2C%20and%20neurological%20disabilities. 
6. https://www.boia.org/blog/india-digital-accessibility-laws-an-overview
7. https://cis-india.org/accessibility/accessibility-of-govt-websites.pdf/view 
8. https://sansad.in/rs/questions/questions-and-answers  

Introduction

Artificial Intelligence (AI) driven autonomous weapons are reshaping military strategy, acting as force multipliers that can independently assess threats, adapt to dynamic combat environments, and execute missions with minimal human intervention, pushing the boundaries of modern warfare tactics. AI has become a critical component of modern technology-driven warfare and has simultaneously impacted many spheres in a technology-driven world. Nations often prioritise defence for significant investments, supporting its growth and modernisation. AI has become a prime area of investment and development for technological superiority in defence forces. India’s focus on defence modernisation is evident through initiatives like the Defence AI Council and the Task Force on Strategic Implementation of AI for National Security.

The main requirement that Autonomous Weapons Systems (AWS) require is the “autonomy” to perform their functions when direction or input from a human actor is absent. AI is not a prerequisite for the functioning of AWSs, but, when incorporated, AI could further enable such systems. While militaries seek to apply increasingly sophisticated AI and automation to weapons technologies, several questions arise. Ethical concerns have been raised for AWS as the more prominent issue by many states, international organisations, civil society groups and even many distinguished figures.

Ethical Concerns Surrounding Autonomous Weapons

The delegation of life-and-death decisions to machines is the ethical dilemma that surrounds AWS. A major concern is the lack of human oversight, raising questions about accountability. What if AWS malfunctions or violates international laws, potentially committing war crimes? This ambiguity fuels debate over the dangers of entrusting lethal force to non-human actors. Additionally, AWS poses humanitarian risks, particularly to civilians, as flawed algorithms could make disastrous decisions. The dehumanisation of warfare and the violation of human dignity are critical concerns when AWS is in question, as targets become reduced to mere data points. The impact on operators’ moral judgment and empathy is also troubling, alongside the risk of algorithmic bias leading to unjust or disproportionate targeting. These ethical challenges are deeply concerning.

Balancing Ethical Considerations and Innovations

It is immaterial how advanced a computer becomes in simulating human emotions like compassion, empathy, altruism, or other emotions as the machine will only be imitating them, not experiencing them as a human would. A potential solution to this ethical predicament is using a 'human-in-the-loop' or 'human-on-the-loop' semi-autonomous system. This would act as a compromise between autonomy and accountability.

A “human-on-the-loop” system is designed to provide human operators with the ability to intervene and terminate engagements before unacceptable levels of damage occur. For example, defensive weapon systems could autonomously select and engage targets based on their programming, during which a human operator retains full supervision and can override the system within a limited period if necessary.

In contrast, a ‘human-in-the-loop” system is intended to engage individual targets or specific target groups pre-selected by a human operator. Examples would include homing munitions that, once launched to a particular target location, search for and attack preprogrammed categories of targets within the area.

International Debate and Regulatory Frameworks

The regulation of autonomous weapons that employ AI, in particular, is a pressing global issue due to the ethical, legal, and security concerns it contains. There are many ongoing efforts at the international level which are in discussion to regulate such weapons. One such example is the initiative under the United Nations Convention on CertainConventional Weapons (CCW), where member states, India being an active participant, debate the limits of AI in warfare. However, existing international laws, such as the Geneva Conventions, offer legal protection by prohibiting indiscriminate attacks and mandating the distinction between combatants and civilians. The key challenge lies in achieving global consensus, as different nations have varied interests and levels of technological advancement. Some countries advocate for a preemptive ban on fully autonomous weapons, while others prioritise military innovation. The complexity of defining human control and accountability further complicates efforts to establish binding regulations, making global cooperation both essential and challenging.

The Future of AI in Defence and the Need for Stronger Regulations

The evolution of autonomous weapons poses complex ethical and security challenges. As AI-driven systems become more advanced, a growing risk of its misuse in warfare is also advancing, where lethal decisions could be made without human oversight. Proactive regulation is crucial to prevent unethical use of AI, such as indiscriminate attacks or violations of international law. Setting clear boundaries on autonomous weapons now can help avoid future humanitarian crises. India’s defence policy already recognises the importance of regulating the use of AI and AWS, as evidenced by the formation of bodies like the Defence AI Project Agency (DAIPA) for enabling AI-based processes in defence Organisations. Global cooperation is essential for creating robust regulations that balance technological innovation with ethical considerations. Such collaboration would ensure that autonomous weapons are used responsibly, protecting civilians and combatants, while encouraging innovation within a framework prioritising human dignity and international security.

Conclusion

AWS and AI in warfare present significant ethical, legal, and security challenges. While these technologies promise enhanced military capabilities, they raise concerns about accountability, human oversight, and humanitarian risks. Balancing innovation with ethical responsibility is crucial, and semi-autonomous systems offer a potential compromise. India’s efforts to regulate AI in defence highlight the importance of proactive governance. Global cooperation is essential in establishing robust regulations that ensure AWS is used responsibly, prioritising human dignity and adherence to international law, while fostering technological advancement.

References

●     https://indianexpress.com/article/explained/reaim-summit-ai-war-weapons-9556525/

●     https://blogs.icrc.org/law-and-policy/2024/04/25/the-road-less-travelled-ethics-in-the-international-regulatory-debate-on-autonomous-weapon-systems/

●     https://disarmament.unoda.org/the-convention-on-certain-conventional-weapons/background-on-laws-in-the-ccw/

●     https://www.cambridge.org/core/services/aop-cambridge-core/content/view/5FD01B5A96116766C3B1273490B24897/S0892679423000357a.pdf/banning-autonomous-weapons-a-legal-and-ethical-mandate.pdf

●     https://www.pib.gov.in/PressReleasePage.aspx?PRID=1846937