Fraudsters deceived an employee of an institute affiliated with the Department of Atomic Energy out of Rs 71 lakh utilising the "digital arrest" method, a police officer reported in Indore, Madhya Pradesh, on Friday. The fraudsters impersonated Trai officials and charged the victim with disseminating unlawful ads and text messages. The victim was coerced with the prospect of an arrest warrant for money laundering and human trafficking. An impostor posing as a CBI officer performed a video call questioning, exacerbating the victim's terror. The victim, convinced by the threats, transferred Rs 71.33 lakh into accounts specified by the fraudsters.
Digital arrests represent a novel form of cyber fraud wherein perpetrators utilise audio or video conversations to impersonate law enforcement officials, effectively detaining victims in their residences to perpetrate scams. The perpetrators unjustly allege that persons have engaged in criminal activities or legal infractions and intimidate them with the prospect of arrest unless they remit a specified sum of money. Such threats frequently involve counterfeit legal documents or impersonations of law enforcement personnel.
A gang member contacted the victim, a scientific assistant at the Raja Ramanna Advanced Technology Centre (RRCAT), on September 1, and presented himself as an officer of the Telecom Regulatory Authority of India (TRAI). The fraudulent Trai officer asserted that unlawful advertisements and text messages concerning women's harassment were disseminated to individuals via a SIM card registered in his name from Delhi, stated Additional Deputy Commissioner of Police Rajesh Dandotia.
He informed the victim that an arrest warrant had been issued against him in connection with money laundering and human trafficking. Another gang member impersonated a CBI officer and executed a fraudulent questioning of the RRCAT employee and his spouse via video call. Due to apprehension, he deposited Rs 71.33 lakh into multiple accounts designated by the perpetrator," Dandotia stated.
Digital arrest refers to a cybercrime tactic in which perpetrators send SMS messages or initiate video calls, impersonating law enforcement officials and falsely asserting that the individual or their relatives are implicated in criminal activities such as drug trafficking or money laundering.
The cybercriminal thereafter detains the individual at their location by instructing them to activate their mobile phone cameras as part of a 'digital arrest' and then solicits funds via online transfer to secure the victim's release from this predicament.
A significant number of contemporary cyber crimes are reported daily from diverse regions of the country.
The Indian Cyber Crime Coordination Centre issued a public advisory on Saturday regarding the rising incidents of 'digital arrest' crimes in India. The advisory stated that law enforcement authorities, including the CBI, police, customs, ED, and judges, do not execute arrests via video chats and warned the public to be wary of such scams.
"Remain Calm, Maintain Vigilance." The advisory published on Saturday noted, "CBI/Police/Customs/ED/Judges do not arrest individuals via video call."
The alert illustrated the logos of social media platforms such as WhatsApp and Skype to indicate that calls related to these frauds are conducted via these platforms. These social media sites have previously stated that they are collaborating with government cybersecurity organisations to offer users improved protection against such crimes. The I4C encouraged individuals to report such offences via the central hotline number 1930 or the website www.cybercrime.gov.in.
No legal framework exists for law enforcement to execute 'arrests' through video calls or online surveillance. Receiving such calls constitutes a definitive scam. Recently enacted criminal statutes lack provisions for law enforcement authorities to conduct digital arrests. The legislation exclusively permits the serving of summons and procedures using electronic means.
The Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 stipulates that summons may be served electronically as per section 63. This section delineates the format of the summons. Every electronically served summons must be encrypted and display the Court's seal or a digital signature. Moreover, pursuant to section 532 of the BNSS, trials and proceedings may be conducted electronically, utilising electronic communication or audio-visual methods.
Recent incidents have underscored the concerning increase of digital arrest scams, affecting persons across various demographics.
Last month, SP Oswal, chairman and managing director of the Vardhman Group, was defrauded of nearly Rs 7 crore after being informed that he was under investigation for money laundering. The perpetrators employed several tactics, including the Central Bureau of Investigation, counterfeit documents, and the name of Chief Justice of India DY Chandrachud, to persuade the 82-year-old that the inquiry was legitimate.
On September 9, a 35-year-old woman was defrauded of Rs 55 lakh by scammers impersonating customs authorities who coerced her into transferring funds to evade money laundering allegations. The caller asserted that customs agents intercepted a package on September 6, which contained 16 counterfeit passports, 58 ATM cards, and 40 grammes of MDMA, with her information identified as the sender. He additionally asserted that the Mumbai Police had issued an arrest warrant for her, necessitating her surrender, according to DCP Hemant Tiwari of the IFSO Special Cell.
In April 2024, a lawyer endured a two-day digital detention, during which she was compelled to disrobe for a fabricated "narcotics test." The fraudsters menaced to inflict damage against her and her family should she fail to acquiesce. The 29-year-old victim received a call from an individual purporting to be a representative of FedEx's customer care, who informed her that her parcel had been returned and that she needed to converse with a customer care executive.The executive informed her that the package included five passports, three credit cards, and 140 synthetic narcotics (MDMA) dispatched from Mumbai to Thailand under her name.She was informed that the delivery was on hold due to the presence of narcotics, and if she did not place the order, she should contact the cyber crime unit in Mumbai to report identity theft.
Upon confirming my intention to file an identity theft report, my call was routed to the cyber crime division in Mumbai. She stated in her complaint, "The cyber crime team requested that I download Skype and provide an email address to communicate with them."
The attorney was compelled to remit Rs. 14 lakh and endured degrading treatment, including being coerced to disrobe for a fraudulent "narcotics test."
In July, a physician in Noida was defrauded of Rs 60 lakh by impostors masquerading as Trai inspectors. The caller said that a mobile number registered in her name was utilised for the acquisition of illegal pornographic videos and that her name had surfaced in a money laundering probe. The fraudster threatened her that not transferring funds would lead to her jail.
"Digital arrest is not an authority conferred upon law enforcement agencies in India." In essence, it is a fraudulent scheme that has experienced a notable increase in India. Arrests in India necessitate physical custody by authorised law enforcement personnel in accordance with the Code of Criminal Procedure, 1973, or the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). According to Section 36 of the BNSS, due process must be adhered to throughout the arrest. According to Gauhar Mirza, Partner at Cyril Amarchand Mangaldas, the police officer executing the arrest must possess clear and visible identity, prepare an arrest memo at the time of the arrest, which must be attested by at least one witness and signed by the individual being detained.
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