No one can arrest you through video calls: Digital arrest fraud on the rise

An employee of the Department of Atomic Energy was the victim of a digital arrest scam, losing Rs. 71 lakh to fraudsters

Fraudsters duped an employee of an institute under the Department of Atomic Energy of Rs 71 lakh by using the "digital arrest" modus operandi, a police official said in Indore in Madhya Pradesh on Friday. The scammers posed as Trai officers and accused the victim of sending illegal advertisements and text messages. The victim was threatened with an arrest warrant for money laundering and human trafficking. A fake CBI officer conducted a video call interrogation, further instilling fear in the victim. The victim, believing the threats, deposited Rs 71.33 lakh into accounts provided by the scammers.
 

Digital arrests are a new method of cyber fraud in which fraudsters make audio or video calls, pose as law enforcement officers and confine victims to their homes to scam them.

 

The fraudsters falsely accuse individuals of committing crimes or violating laws and threaten them with arrest unless they pay a certain amount of money. These threats are often accompanied by fabricated legal documents or impersonations of law enforcement officials.

"A member of the gang called the victim, working as scientific assistant at Raja Ramanna Advanced Technology Center (RRCAT), on September 1 and introduced himself as a Telecom Regulatory Authority of India (Trai) officer. This fake Trai officer claimed illegal advertisements and text messages related to women harassment were sent to people through a SIM card issued in his name from Delhi," said Additional Deputy Commissioner of Police Rajesh Dandotia.

"He told the victim an arrest warrant had been issued for him in a case related to money laundering and human trafficking. Another member of the gang posed as a CBI officer and conducted fake interrogation of the RRCAT employee and his wife through video call. Out of fear, he deposited Rs 71.33 lakh in various accounts provided by the accused," Dandotia said

How the Scam Works:

Digital arrest is the name given to a cyber crime technique where fraudsters send an SMS or make video calls to a person posing as law enforcement agency officials fraudulently claiming that the individual or his close family members have been caught by a government investigative agency in a criminal activity like drugs trafficking or money laundering.

The cyber criminal subsequently confines the person to their premises by asking them to keep their mobile phone cameras on as part of a 'digital arrest' and then seek money through online transfer to bail the victim out of this situation.
 

A good number of these new-age cyber crimes are virtually reported every day from various parts of the country. 

• Contact: Victims receive calls, emails, or messages from scammers posing as law enforcement officials, lawyers, or government representatives.
• False Accusations: Victims are falsely accused of various crimes, such as money laundering, tax evasion, or non-payment of loans.
• Threats of Arrest: Scammers threaten victims with arrest, imprisonment, or legal action if they do not pay a specified amount of money.
• Urgency: Victims are often pressured to act quickly and make the payment to avoid immediate arrest.
• Payment Methods: Scammers typically request payments through wire transfers, cryptocurrency, or gift cards.

The Indian Cyber Crime Coordination Centre on Saturday issued a public advisory in connection with the increasing cases of 'digital arrest' crimes in India. In the advisory, the panel said law enforcement agencies such as the CBI, police, customs, ED, or judges do not conduct arrests through video calls and cautioned the public against falling victim to these schemes.

"Don't Panic, Stay Alert. CBI/Police/Custom/ED/Judges DO NOT arrest you on video call," stated the advisory issued on Saturday.
 

The advisory depicted the logos of social media platforms like WhatsApp and Skype to showcase that calls for such scams are made using such platforms.

These social media platforms have said in the past that they are coordinating with cyber security agencies of the government to provide users enhanced safety against such crimes.

The I4C urged people to report such crimes at the central helpline number 1930 or the website -- www.cybercrime.gov.in.

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. 

Recent incidents 

Recent cases have highlighted the alarming rise in digital arrest scams, targeting individuals from all walks of life. 

Last month, SP Oswal, chairman and managing director of the Vardhman Group was duped of over Rs 7 crore after being told that he was under investigation in a money laundering case. The fraudsters used everything from the CBI, fake documents and even the name of Chief Justice of India DY Chandrachud to convince the 82-year-old that the investigation was real.

On September 9, a 35-year-old woman lost Rs 55 lakh after scammers posing as customs officials pressured her into transferring money to avoid money laundering charges. The caller claimed customs officials had intercepted a parcel on September 6 containing 16 fake passports, 58 ATM cards, and 40 grams of MDMA, with her details listed as the sender. He further claimed Mumbai Police had issued an arrest warrant against her, and she must surrender, as per the DCP (IFSO Special Cell) Hemant Tiwari.

In April, 2024 a lawyer was subjected to a two-day digital arrest ordeal, during which she was forced to strip for a fake "narcotics test." The scammers threatened to harm her and her family if she did not comply. The 29-year-old victim received a call from a person claiming to be from the customer care of Fedex, international courier giant, who told her parcel had been returned and she has to speak to the customer care executive. The executive told her the parcel contained five passports, three credit cards and 140 synthetic narcotics (MDMA) sent from Mumbai to Thailand in her name.She was told since the parcel contained narcotics, it was on hold and if it has not been placed by her then she should reach out to the cyber crime team in Mumbai to register a complaint of ID theft.

"After I confirmed that yes, I want to make an identity theft complaint, they transferred my call to cyber crime team in Mumbai. The cyber crime team asked me to download Skype and enter an email id in order to chat with them," she said in her complaint.

The lawyer was forced to transfer Rs. 14 lakh and was subjected to humiliating acts, including being forced to strip for a fake "narcotics test." 

In July, a doctor in Noida lost Rs 60 lakh to fraudsters posing as Trai officials. The caller alleged that a mobile number registered in her name was being used to purchase illegal obscene videos and that her name had appearing in a money laundering investigation. The scammer warned her that failure to transfer money would result in an arrest.

"Digital arrest is not a power given to law enforcement agencies in India. Simply put, it is a scam, which has seen a significant rise in India. Arrests in India require physical detention by recognized law enforcement officials under the Code of Criminal Procedure, 1973 or under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). As per Section 36 of the BNSS, due process at the time of arrest has to be followed. The police officer carrying out the arrest has to bear accurate visible and clear identification, prepare a memo of arrest at the time of arrest, which is attested by at least one witness and signed by the person being arrested," said Gauhar Mirza, Partner, Cyril Amarchand Mangaldas.