Digital arrests are sophisticated cyber incidents where scammers impersonating law enforcement officials, judges or other persons in position of authority, call (typically, via video conferencing applications) and accuse unsuspecting individuals of having committed a serious offence, to extort money. With digital arrests becoming increasingly frequent, this article explores the existing legal landscape and the various regulatory developments relating to digital arrests in India.
While there is no law specific to ‘digital arrests’ in India, various provisions of existing legislations can apply to digital arrests. Provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) on impersonation, cheating, criminal intimidation, criminal conspiracy, extortion, and wrongful confinement will be relevant. Further, provisions of the Information Technology Act, 2000 (IT Act) on identity theft and impersonation can apply. That said, while there exists legal basis to prosecute ‘digital arrests’, there may be some merit to the ongoing discussions on bringing in a specialised law on ‘digital arrests’. First, legal treatment under BNS and IT Act is similar to isolated fraudulent conduct, and the method and scale employed to perpetuate digital arrests remains unaddressed.
Unless adequate evidence can be adduced to prove extortion where sentence can go upto seven (7) years, perpetrators might face a significantly lower three-year bailable sentence. Second, existing legal frameworks are insufficient to prevent occurrence of such incidents. Third, there is no legal mechanism for recovery of monetary loss sustained by victims. Fourth, preventing misuse of sim cards can aid in curbing offences of this nature. Lastly, most perpetrators are based in Southeast Asia and the transnational nature of digital arrests makes it difficult for Indian law enforcement agencies to act appropriately and timely. In late 2025, the Supreme Court took suo-motu cognisance of a complaint made by an elderly couple. While the proceedings are ongoing, the Supreme Court has issued several interim directions. The court has directed the Central Bureau of Investigation (CBI) to be the primary agency to investigate digital arrest scams and to coordinate with Interpol where cross-border elements are involved. The court has also directed the Department of Telecommunications (DoT) to submit a proposal on how telecom service providers can prevent misuse of SIM cards. The Union Government (through the Ministry of Home Affairs) has constituted a high-level Inter-Departmental Committee to assess the increasing cases of digital arrests. The initial deliberations of this committee have been around workarounds to ensure victims do not bear losses attributable to negligence by banks, telecom providers and other regulated entities, and proposing a “two-tier” investigative structure where the CBI handles cases above a certain monetary threshold while state police handle the rest. Separately, the Ministry of Electronics and Information Technology (MeitY) has met with representatives of major intermediaries to discuss data sharing and blocking spoofed callsWhile the Supreme Court’s intervention has provided much-needed impetus, there definitely exists a need to close the gap between our analog laws and digital realities. However, regulatory balance is imperative and must be borne in mind while assessing any new legal requirements for banks and intermediaries. Greater collaboration between regulators and law enforcement agencies would also go a long way in ensuring sophisticated offences are tackled timely and proactively.
(Views are personal)
