“Digital Arrest” Scams: What the Law Says and What To Do

“Digital arrest” scams have become one of the most reported cyber frauds in India. A caller claiming to be from the police, CBI, ED, customs or a court tells the victim that a parcel, SIM card or bank account in their name is linked to a crime. The victim is kept on a video call for hours, told not to speak to anyone, and pressured to transfer money to “verify” their funds or avoid arrest.

There is no such thing as a “digital arrest”

Arrest is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). An arrest is a physical act carried out by a police officer, with the arrested person informed of the grounds of arrest (Section 47) and produced before a Magistrate within 24 hours (Section 58). No law allows a person to be “arrested” over a phone or video call, and no investigating agency collects money to “clear” a person’s name.

Offences involved

• Bharatiya Nyaya Sanhita, 2023: personating a public servant (Section 204), cheating (Section 318), cheating by personation (Section 319), extortion (Section 308) and criminal intimidation (Section 351).
• Information Technology Act, 2000: identity theft (Section 66C) and cheating by personation using a computer resource (Section 66D).

What to do immediately

• Disconnect the call. Do not transfer money or share OTPs, Aadhaar or bank details.
• Call the national cyber crime helpline 1930 or report at cybercrime.gov.in as early as possible. Quick reporting improves the chance of freezing the money in the recipient accounts.
• Inform your bank in writing and ask it to block the account or card used.
• Keep screenshots, call logs, transaction IDs and the numbers or IDs used by the fraudsters.

Registering an FIR

Where the complaint discloses a cognizable offence, the police are bound to register an FIR. The Supreme Court made this clear in Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1. Under Section 173 of the BNSS, information can also be given electronically and an FIR can be registered irrespective of the area where the offence was committed (a “zero FIR”).

Key judgment

• Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1: registration of an FIR is mandatory when information discloses a cognizable offence.