The Supreme Court has taken suo motu cognizance of the increasing incidents of "digital arrest" scams, where scammers are extorting money from citizens, especially senior citizens. This action was prompted by a complaint from a 73-year-old woman from Ambala, Haryana, who was conned out of ₹1 crore. The scammers allegedly used forged Supreme Court orders, purportedly signed by a former Chief Justice of India, to create a "digital arrest" and extort money from her.

The court has registered a suo motu petition titled “In re: Victims of Digital Arrest Related to Forged Documents” to address the issue. The Supreme Court will assess the ability of state police to handle these nationwide rackets and consider judicial monitoring for swift investigations.

Digital Arrest Scam: Modus Operandi

"Digital arrest" is a cybercrime where fraudsters impersonate law enforcement officials to extort money from victims. Scammers often pose as officers from agencies like the police, Enforcement Directorate (ED), or Central Bureau of Investigation (CBI). They manipulate victims into believing they have committed a serious crime, using fear, urgency, and isolation tactics.

The scammers contact victims through phone calls, emails, or video conferences. They may threaten victims with arrest or incarceration if they fail to comply with their demands, creating a sense of urgency and fear that compels victims to transfer money. AI is often exploited to mimic voices, forge documents, and create counterfeit digital identities to lend credibility to their claims. Victims are coerced into remaining isolated during these interactions.

"Digital Arrest" Has No Legal Standing

The Supreme Court's action and other High Courts highlight that "digital arrest" has no legal standing in India. Arrests are always conducted in person after due inquiry. The police officer carrying out the arrest has to have accurate, visible, and clear identification and prepare a memo of arrest at the time of arrest, which is required to be attested by at least one witness and signed by the person being arrested.

Recent Arrests and Actions

The Directorate of Enforcement (ED) recently arrested four individuals in Gujarat for running a ₹100 crore cyber fraud involving fake summons, digital arrests, and money laundering through cryptocurrency. The accused defrauded individuals through multiple cyber frauds, including digital arrests, forex trading scams, and threats using fake legal notices from the Supreme Court and the ED. The ED has announced that it will now issue summons with a QR code and a two-step verification system to tackle the growing menace of fake summons.

The Rajasthan High Court took suo motu cognizance of the alarming rise in 'digital arrest scams' and issued comprehensive directions to central and state authorities for immediate and effective action. The High Court has also called on the Reserve Bank of India to implement stricter systems to block fraudulent fund transfers and urged both the RBI and government grievance bodies to strengthen protections across websites, apps, and calls to safeguard citizens.

Protecting Yourself from Digital Arrest Scams

• Be aware that police do not arrest anyone on WhatsApp.
• No government agency would ever demand money transfers for investigation or verification.
• Report any cyber fraud incidents immediately to the National Cyber Crime Helpline (1930) or the National Cyber Crime Reporting Portal (cybercrime.gov.in).
• Be wary of unsolicited calls or messages from individuals claiming to be law enforcement officials.
• Never share personal or financial information with unknown individuals over the phone or internet.
• Verify the identity of any caller claiming to be a law enforcement official by contacting their agency directly.
• Do not be pressured into making immediate payments or transferring funds.