No legal basis for digital arrests anywhere: Deceptive tactics decoded

Digital arrest refers to a deceptive tactic used by cybercriminals, who falsely claim to have the authority to arrest an individual through digital means, often over the phone or via online channels

 

Posing as CBI and RBI officials, suspected cybercriminals recently put a retired banker and his wife under "digital arrest" for five days in Uttar Pradesh's Meerut district and convinced the elderly couple to transfer more than Rs 1 crore to them.

 

There is nothing called digital arrest in the law

 

Digital arrest refers to a deceptive tactic used by cybercriminals, who falsely claim to have the authority to arrest an individual through digital means, often over the phone or via online communication.

 

Scammers pose as law enforcement or regulatory officials and use threats or intimidation to coerce victims into transferring money or providing personal information, claiming that they are involved in illegal activities. This method exploits fear and confusion, taking advantage of the victim's panic to facilitate financial fraud.

 

 

Cybercriminals even impersonate judges to make people believe their claims. They make calls to unsuspecting people, informing them that a case has been filed against them after a consignment with drugs was seized at an airport. They even use a fake police station to give credence to their allegations.

 

A senior doctor from Lucknow's SGPGIMS lost Rs 2.81 crore under a similar ruse in August while reports of such crimes have also emerged from Noida and Varanasi, among other places in UP.

 

"I was told by the callers they were from the CBI (Central Bureau of Investigation) and that my name had cropped up in a money-laundering and a human trafficking case, for which I would be arrested. They told me that to avoid arrest, I would be put under digital arrest while they examined my documents online," the Sanjay Gandhi Postgraduate Institute (SGPGI) of Medical Sciences doctor said in her complaint.

 

"I was asked not tell anyone about it since it was a matter of national importance," the Lucknow-based doctor said.

 

Modus Operandi:

• Initial Contact: Cybercriminals usually reach out via phone calls or emails.
• Call Progression: After one or two audio calls, they switch to video calls, pretending to be from various locations (e.g., airport, police station, court).
• Use of Fake Identities: They gather pictures of actual police officers, lawyers, and judges from social media to use as their display pictures during calls, making the scam appear more credible.
• Document Forgery: Criminals may send fake arrest warrants, legal notices, or official-looking documents through email or messaging apps.

 

Types of Accusations:

Victims are often accused of serious crimes, such as:

• Money laundering
• Drug trafficking
• Cybercrime

 

Common threats include claims that a victim's phone number is linked to abusive messages or that illegal substances addressed to them have been intercepted.

 

Reasons for Their Success:

• Lack of Knowledge: Many individuals are unaware of standard law enforcement procedures, making them more likely to believe the scammers.
• Fear and Panic: The threat of arrest triggers panic, leading victims to comply with demands.
• Social Stigma: Fear of reputational damage and the impact on family members (e.g., children's futures) pushes victims to seek quick resolutions.
• Sense of Urgency: Scammers create pressure for immediate decisions, preventing victims from consulting others or verifying claims.

 

According to data from the Uttar Pradesh Police, compiled by the non-profit Future Crime Research Foundation, more than 38.85 lakh calls were registered by the National Cyber Crime Reporting Portal between January 2022 and August 2024, with over 6.05 lakh (15.7 per cent) originating from Uttar Pradesh.

 

Remarkably, 84.53 per cent of these calls related to financial fraud, amounting to Rs 3,153 crore, while nationwide figures reached Rs 19,860 crore.

 

Where do these criminals operate from?  Triveni Singh, a former Indian Police Service (IPS) officer and cybercrimes expert, said that the criminals behind these digital arrests operated from three fronts -- bogus call centres in India, Pakistan, and a combined region of Cambodia, Myanmar and Laos in south Asia.

 

"In Cambodia, Myanmar and Laos, there is a disturbing trend known as cyber slavery. Gangs recruit unsuspecting individuals under the guise of offering jobs at call centres, only to coerce them into committing cybercrimes," Singh, formerly a superintendent of police for UP Cyber Crime, noted.

 

These criminals typically claim to be from the Enforcement Directorate (ED) or the CBI, allege that the victim's personal details are linked to illicit activities such as drug trafficking or money laundering. In some cases, the victims are falsely accused of viewing pornography, causing them to panic and comply.

 

Singh emphasised that there was no legal basis for digital arrest in India or anywhere else.

 

"If anyone threatens you with virtual arrest via Skype or any other means, consider them as fraud," added Singh. 

 

How are most calls made?  Identifying the challenges faced by law enforcement, Singh highlighted that most fraudulent calls were made via VoIP through messaging apps such as WhatsApp. This complicates the tracing of calls as obtaining data from these platforms, which often have servers outside India, is both challenging and time-consuming.

 

The rising volume of cybercrimes makes it difficult for the police to respond quickly and, by the time information is gathered, the money is often funnelled into multiple accounts or converted into cryptocurrency. 

Recommended Actions:

• Protect Personal Information: Avoid sharing personal details (like Aadhaar or PAN card numbers).
• Do Not Send Money: Do not transfer funds to anyone threatening you.
• Report the Incident: Notify local police and cybercrime authorities.
• Verify Claims: Remember that legitimate law enforcement agencies do not demand money over the phone or threaten immediate arrest without following proper legal procedures.
• Uttar Pradesh has a robust call centre system for reporting cybercrimes, with the helpline 1930 integrated with UP 112, allowing victims to report cybercrimes quickly. The website cybercrime.gov.in enables immediate reporting of cyber fraud

 

Yadav also pointed to the crucial role of the victims. "The sooner you recognise a fraud and report it, the better the chances of recovering lost funds." He outlined two primary reasons individuals fall prey to such scams -- greed and fear.

 

Greed often stems from promises of easy money through investments or work-from-home opportunities while fear is manipulated through leaked personal information.

 

Both Singh and Yadav stressed that no legitimate law enforcement inquiry occurred online or through video calls.

 

"However, cybercriminals continuously devise new methods. Raising awareness among citizens is vital for combating these crimes," Yadav said.

 

He added that the Union Home Ministry operated a social media channel -- "Cyber Dost" -- to disseminate information about emerging fraud tactics.

 

The senior officer said the ministry, along with its specialised agency I4C, regularly conducted training sessions to enhance the capabilities of cyber personnel in Uttar Pradesh and other states.  

The Indian Cyber Crime Coordination Centre (I4C) issued a public advisory on Sunday asking people to "Beware of Digital Arrests" reminding that "those making video calls are not police, CBI, Customs officials or judges".

 

They are cyber criminals,” the organisation that functions under the Union home ministry said.

 

The advisory asked people to not fall for these " tricks" and report such crimes "immediately" by calling the national cybercrime helpline 1930 or logging at the portal www.cybercrime.gov.in.

 

Prime Minister Modi had during his monthly 'Mann ki Baat' radio address on October 27 flagged the issue of fraudsters targeting people with 'digital' arrests and urged people to adopt the mantra of "stop, think and take action" when faced with such a scam, asserting that these steps will provide digital security to them.

    With inputs from PTI