Rise in Digital Arrest Scams: A Growing Concern
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)