In 2024, India lost close to 120 crores to digital arrest scams. Cyber crimes are on the rise and lately, the ‘digital arrest’ scam has been taking the country by storm. This fraud has affected scores of people ranging from common folks to popular celebrities.
Interestingly, ‘digital arrest’ is not even a legitimate legal action in India and has no mention in the Indian Penal Code. It is a concept made-up by cyber fraudsters who use mind games, evergreen manipulation techniques and the latest technology to extort money from unassuming victims.
The scammers manipulate their victims into making transactions after isolating them under ‘self-custody’, leaving them financially and emotionally drained. It has been designed so well that anyone can fall victim to it, regardless of how well-educated they are, unless they know about it.
‘In India, there is a provision of physical arrest or home arrest, both are executed by the police officials, who personally visit to execute such an arrest, that too after showing the relevant arrest warrant. No one in India is authorized to carry out digital arrest and this is the message at large to all the innocent people who may fall prey to the tricks by the fraudsters.’ says Rajiv Sharma, Partner at Singhania & Co.
What is the ‘digital arrest’ scam?
Digital arrest scams typically start with a call using an international, unrecognised phone number or even a known entity’s name (thanks to caller ID spoofing). Once the victim picks up the call, the scammers pose as a figure of authority, usually as a law enforcement official. They often use Artificial Intelligence (AI) and Deep-Fake technology and pretend to be figures of authority when speaking to the victims.
The first step in this process is distracting the victim by raising a false-alarm about their name being implicated in serious criminal activity (anything from drug trafficking to tax evasion). Once the victim shows initial signs of panic and fear, the scammers start framing false accusations to scare and manipulate the victim. They isolate their victims digitally with threats of serious harm to them and their close ones unless they meet their demands and maintain “secrecy”.
They pressure the victims to stay on the line, and eventually transfer them to a video call where the scammers present themselves in uniforms of law enforcement officials with a background resembling that of a government office or a police station.
Eventually, the scammers hold the victim “hostage” through blackmailing and intimidation tactics and coerce them into divulging critical personal information and paying large sums of money. The victims believe they are under “arrest” and hope they will be released unscathed, without dire consequences if they continue to follow the instructions.
The mind games are so intense, that scores of educated people, including high-profile celebrities have fallen prey to this scam. We’re talking about a journalist, S.P. Oswal-Vardhman Group Director, a police officer, a teacher, and most recently, a social media influencer Ankush Bahuguna.
Ankush Bahuguna’s 40-hour “digital arrest”
Ankush Bahuguna, a content creator, shared his harrowing 40-hour-long ordeal on Sunday, 5th January, after three days of absence from social media. He recounted his disturbing experience of being under “digital arrest” by scammers who kept him in isolation through coercive tactics over video calls.
In a video shared by Ankush, he recounted being contacted by someone from an international number who pretended to be from a courier service. They claimed he had sent a courier package containing illegal substances. While Ankush clarified having no knowledge of any such package, the scammers doubled down on their story and added that his Aadhar card was linked to the courier along with other personal information.
As soon as Ankush showed any signs of fear, the scammers claimed he had an arrest warrant ready in his name. They managed to convince him that he had no time to go to the police station, and he had to be immediately transferred to a video call with someone from Mumbai Police.
The “police officer” interrogated Ankush and threatened him of being implicated in several crimes, unless he fully cooperated with them.
Paralysed by fear, Ankush surrendered to their instructions and put himself in “self-custody” where he turned off all other devices and stayed on a video call with them constantly. If he were to contact anyone from his family or friends and raise an alarm, they would also be implicated in the aforementioned crimes.
The intimidation was intense leading him into severe mental distress and a significant financial loss. Luckily, his friends recognised his situation and helped him escape the ‘digital arrest’ cooked up by the scammers.
Ankush’s incident is a prime example of how digital arrest fraud can prey on anyone, even a tech-savvy social media figure with a million followers.
The rise in digital arrest fraud
The data from the Ministry of Home Affairs (MHA) highlights a loss of a staggering ₹120.3 crores in digital arrest frauds within Q1 of 2024 alone.
What’s interesting is that a lot of these frauds originate across the border in Myanmar, Laos, and Cambodia making cyber law enforcement extremely complicated.
‘Even though there are certain relevant laws and constitutional protection for deepfake and digital arrest still there is a need to improvise the laws.’ says Bhavya Khatreja, advocate, Delhi High Court
The impact of cyber crimes
While the financial impact is measurably huge, it is the psychological impact that’s less discussed and it continues to have lasting impact on the individuals.
A study in the International Journal of Indian Psychology indicated that victims of severe cyber crimes, including digital arrest, can experience ongoing stress, anxiety, and even PTSD. Victims sometimes carry immense shame, wondering how they could have been misled, making them reluctant to share their experiences publicly.
When Ankush opened up about this incident in the video, he received a wide variety of comments with some claiming he faked the story for more engagement, or that he was living under a rock or lacked street-smarts to fall for something like this.
Actionable safety measures to protect yourself
These scams are becoming so rampant, PM Modi cautioned citizens against the digital arrest traps in his recent “Mann Ki Baat” broadcast. He emphasised that no authority can arrest individuals on calls, and neither will they demand personal information or immediate payments over the phone.
The I4C recommends the following steps in this situation:
- Remain composed
- Log the incident
- Hang up to gather your thoughts, and
- Contact the authorities through reliable channels if you’re unsure.
The Indian Cyber Crime Coordination Centre (I4C) has introduced a new feature called “Report and Check Suspect,” which is a searchable database to verify suspicious UPI IDs, phone numbers, email addresses, and even social media profiles.
The best way to protect oneself is to verify credentials, especially if a caller introduces themselves as a government representative or police officer. Call the official department directly to cross-check or look up their publicly available contact information online.
Additionally, one should enable two-factor authentication (2FA) on all digital wallets, email accounts, and social media platforms. One should never open suspicious links or attachments or share personal information like Aadhaar numbers, PAN details, or OTPs.
If one still falls victim to a cybercrime, somehow, they should report the incident, no matter how small it may seem.
From a legal point of view, the Information Technology (IT) Act 2000 and the Bhartiya Nyaya Sanhita (BNS) 2023 have laws protecting citizens from online fraud.
Furthermore, the Citizen Financial Cyber Fraud Reporting and Management System (CFCFRMS) has a helpline number “1-9-3-0” to report suspicious calls immediately. They also assist with freezing financial transactions if they’re caught in time.
It is important to take prompt action in order to accelerate legal action. In some fortunate instances, large sums of stolen funds have been recovered, like Oswal getting ₹5.25 crores back from the ₹7 crores he was duped of.
Collective vigilance to avoid digital arrest scams
Digital arrest frauds are a reminder of how technology can be used for serious harm to innocent citizens. The scammers exploit fear, uncertainty and embarrassment to distract victims, and present a swift, discreet payment as the only way out of severe legal troubles.
The best defence against these scams is to stay calm, verify the identity of the caller, consult trusted resources like the police and professionals, and report all such suspicious activity immediately.
One can also make use of the official helplines like 1-9-3-0 and databases like the “Report and Check Suspect” to better safeguard their finances and emotional well-being.
These scams are a challenge to deal with, yet the menace can be curbed through proper widespread awareness of the scams and their modus operandi.
The more aware people become about cybercrimes, the fewer targets these scammers will find, resulting in fewer cases of digital arrest.