Source: The Hindu
Four individuals, two from each of the states of Uttar Pradesh and Mumbai, have been taken into custody by the Central Bureau of Investigation on suspicion of participating in digital arrest fraud.
The arrests, which were part of “Operation Chakra V,” came after searches at twelve different locations across the nation. Numerous instances of digital arrests have been reported to the CBI. At the request of the Rajasthani government, the agency assumed responsibility for the current case.
During these searches, significant items were found, such as digital devices and evidence, bank account information, debit cards, check books, and deposit slips.
Prime Minister Narendra Modi warned the public about “Digital Arrest” scams that defraud people of their hard-earned money during his “Mann ki Baat” speech last October. He also urged people to report such incidents to the cyber helpline. In this scam, scammers pretend to be representatives of different law enforcement and regulatory organizations, including the Reserve Bank of India, and make phone or video calls to the potential victims. The first thing they do is gather the personal information of possible victims. The second thing they do is to instil terror by dressing like a government official, quoting laws, and wearing probe agency clothes. By saying that they have been “digitally arrested” for a crime, the offenders exert psychological pressure on the victims.
Model Question:
“The rise of ‘digital arrests’ by law enforcement agencies raises concerns about legality, due process, and citizens’ rights. Critically examine the legal and ethical dimensions of digital arrests in India.”
Model Answer:
‘Digital arrest’ refers to instances where individuals are threatened, coerced, or virtually detained by impersonators posing as law enforcement officials over phone calls or video chats — often using AI tools, fake IDs, or deepfakes. Though not legally sanctioned, such incidents raise significant concerns in the domains of cybercrime, policing, and constitutional rights.
Legal Dimensions:
- Lack of Legal Sanction: No law in India authorizes arrest via digital means without physical presence and due process (as per CrPC Sections 41–60). Violates Article 21 – Right to life and personal liberty.
- Absence of Consent or Judicial Oversight: Bypasses procedural safeguards like production before a magistrate, legal counsel, and arrest memo.
- Abuse by Impersonators: Growing cases of cybercriminals posing as CBI, ED, or police officers demanding money or personal details — a threat to public trust in institutions.
Ethical Dimensions:
- Violation of Dignity & Autonomy: Coercive intimidation through digital means affects mental health and social reputation.
- Technological Misuse: Deepfakes, spoofed calls, and manipulated audio-video raise concerns under AI ethics, privacy, and misinformation.
- Rule of Law vs. Expediency: Even genuine law enforcement agencies cannot compromise on procedural justice under the guise of digital efficiency.
Steps Needed:
- Enact a comprehensive cybercrime and impersonation law
- Strengthen digital literacy and public awareness campaigns
- Develop standard operating procedures (SOPs) for lawful online summons
- Encourage inter-agency coordination via Cyber Crime Coordination Centre (I4C)
Digital arrest, while sounding modern, is legally untenable and ethically problematic. In a constitutional democracy, digital governance must not undermine due process. India must adopt a rights-based, technology-enabled framework that balances efficiency with liberty.
