DIGITAL In a legal and technological context, refers to data
communication, or activities conducted or stored using electronic
devices.
ARREST Under Indian criminal law, refers to the act where a person's
liberty by legal authority is lawfully deprived.
INTRODUCTION
The “digital arrest” is legally non-existent and made up of various
realated crimes under the IPC and IT Act, 2000. It is a fraudulent
scheme in which cybercriminals pretend to be the law enforcement or
some agencies of the government.
In simple terms- a digital arrest is not real law enforcement. It’s an
online scam where fraudsters pretend to be police officers, agents of
the government. There can be threatening to block the bank accounts or
device of the one or can be the issuing of fake warrants unless the
fraudster claim some amount from the person.
Signs of a Digital Arrest Scam:-
1. Person can receive a fraud call claiming criminal charges.
2. fraudsters say to act urgently to avoid arrest or account blocking.
4. fraudsters refuse to send formal documents or their identity.
5. Fraudsters may appear as a police authority by wearing the uniform on
video calls, which can be fake.
Laws and Legal Provisions Related to Digital Arrest Scams
While “digital arrest” is not a real legal term, several provisions
of Indian law protect people against such scams.
Cheating under Section 415 of IPC – Cheating
When someone deceives you to make you do something you wouldn’t
normally do amounts to cheating. The punishment under this is
Imprisonment is up to 1 year or fine, or both.
Cheating by Personation under Section 419 -
If the fraudster pretends to be a police officer or government official,
it is cheating by personation. The punishment under Imprisonment is up
to 3 years, or fine, or both.
Cheating and Dishonestly Inducing Delivery of Property under Section 420
:-
If the scam leads you to transfer money, it falls under section 420. The
Punishment given under this is the Imprisonment up to 7 years and fine.
Criminal Intimidation under section 503 IPC:-
Threatening you with “arrest” or legal trouble to scare you into
paying is criminal intimidation. The punishment under this is
Imprisonment up to 2 years, or fine, or both.
Personating a Public Servant under section Section 170 :- Pretending to
be a police officer or government official. Punishment given under this
is the Imprisonment up to 2 years, or fine, or both.
-There are also some laws under the Information Technology Act,2000
where under section 66C it specifies that anyone who fraudulently or
dishonestly uses another person's electronic signature, password, or any
other unique identification feature is liable for punishment. Where the
punishment is described as imprisonment upto 3 years and fine of rupees
1 lakh.
-Also the Criminal procedure code (CrPC) states the arrest made in india
where a police authority must identify themselves and the arrest can not
be done over the electronic devices.
FINAL STATEMENT:-
If you ever face any situation related to digital arrest do not panick
file and immediately file FIR under the IPC and IT Act sections.
CONCLUSION:-
The Digital arrest is nothing but a scam which is done through
electronic devices. A arrest can not be ever done over phones or video
calls. If you ever get trap into such situations stay calm and
immediately take legal step and do not share any personal information.
One step towards awareness can safeguard the ones life.
