Even in the year 2026, people in India have lost approximately ₹3,000 crore to scams involving so-called virtual or digital arrest fraud. The Ministry of Home Affairs (Indian Cyber Crime Coordination Centre – I4C) has reported that Indians have lost approximately ₹53,000 crore to cyber-enabled fraud over the past six years (up to early 2026). This fraud is tactically executed and is falsely described as digital arrest. The victims are generally ordinary citizens, particularly vulnerable sections of society, including senior citizens and those less acquainted with the law.
In the United States, the Federal Bureau of Investigation (Internet Crime Report 2024, p.3) declared that the preceding year saw a new record for losses reported to IC3, totalling $16.6 billion. Fraud represented the bulk of reported losses in 2024, and ransomware remained the most pervasive threat to critical infrastructure, with complaints rising 9% from 2023. As a group, those over 60 years of age suffered the highest losses and filed the most complaints. In England, the Organised Crime & Corruption Reporting Project (OCCRP) reported in March 2025 the seizure of £7.5 million in a sweeping crackdown against cybercrime. Innocent people across the world are facing this grim situation.
Connotation of Digital or Virtual Arrest
The term ‘digital arrest’ merely refers to a fraudulent scam tactic. It is not a legitimate form of arrest and is purely a tool of cybercrime. The offender impersonates officials of government agencies such as the CBI, Enforcement Directorate, Narcotics Department, RBI, police, or judicial authorities. Internationally, such offences are described as phishing, ransomware, business email compromise, identity theft, and related cybercrimes.
The offenders contact victims through phone calls, video calls, or social media. They harass the victim, often elderly persons, by causing psychological distress and issuing threats of arrest, detention, investigation, or trial involving the victim or their relatives. False accusations such as money laundering, narcotics trafficking, or other serious offences are made. Under duress, victims are shown deepfakes, forged warrants, and fabricated arrest documents. They are then told, “You are under digital arrest.” The fraud culminates in unlawful transfer of money, assets, or confidential information. This is how the so-called digital arrest is executed as a white-collar cybercrime.
Safety Measures
Citizens should recall that a lawful arrest involves physical custody in accordance with established legal procedure. Government authorities are bound to follow the procedure established by law. They do not interrogate individuals via video call or demand money under threat of digital arrest. There is no law in India recognising digital or virtual arrest. Similar fraudulent practices are illegal in jurisdictions such as the USA, UK, and France, where cybercrime is governed by statutes including:
In USA there are Computer Fraud and Abuse Act, Identity Theft and Assumption Deterrence Act,and Cyberstalking laws. In the UK,there are Computer Misuse Act 1990, Fraud Act 2006,and Data Protection Act 2018. In France there are Data Protection and Privacy Act 1978; eIDAS Regulation (EU No. 910/2014).
Immediate Actions Required
Victims should take the following steps:
(i) Do not share any information demanded coercively.
(ii) Report the incident immediately on the National Cyber Crime Reporting Portal or call the national helpline at 1930.
(iii) Inform the bank or financial institution if financial details have been shared or money transferred.
(iv) Request immediate freezing of the transaction.
(v) Use official channels such as the Chakshu portal to report suspected fraud communications.
It is essential to understand the constitutional and procedural safeguards relating to arrest. The Constitution of India protects arrested persons under Articles 20, 21, and 22.
Article 20(3) provides that no person accused of an offence shall be compelled to be a witness against himself. Therefore, no individual is bound to confess to allegations made by imposters.
Article 21 guarantees that no person shall be deprived of life or personal liberty except according to procedure established by law. There is no legal procedure in India permitting arrest or detention through digital communication.
Article 22 guarantees that a person arrested must be informed of the grounds of arrest and has the right to consult and be defended by a legal practitioner of choice. And the arrested person must be produced before the nearest magistrate within 24 hours, excluding travel time, and cannot be detained beyond that period without judicial authority.
The law governing arrest is exhaustively dealt with in criminal procedure statutes. Section 43 of the BharatiyaNagarik Suraksha Sanhita, 2023 requires that arrest be made by physical custodythrough words, actions, touching, or confinementunless the person submits voluntarily. If resistance occurs, reasonable force may be used. Arrest necessarily involves physical restraint and curtailment of liberty. The arresting officer must bear clear identification as a lawful authority.
Arrests may be made with or without warrant as prescribed by law. In warrant cases, formal court documents are served. Confessions to police officers are also restricted under the BharatiyaSakshyaAdhiniyam, 2023. Judicial precedents, including Manish Sisodia v. Directorate of Enforcement (2024) and Tofan Singh v. State of Tamil Nadu (2020), emphasise safeguards protecting personal liberty.It is therefore clear that no concept of “digital arrest” exists in Indian law.
India has robust cyber laws, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023. Sections 66 and 67 of the IT Act address offences such as identity theft, cheating by personation, and related cyber offences. Banking regulations may also be invoked where negligence is established. Victims may pursue remedies before competent authorities and courts.
The Supreme Court of India has taken suo motu cognizance of this issue (ref: Victim of Digital Arrest, Dec. 2025) and directed governmental authorities to take appropriate measures. The Ministry of Home Affairs has initiated steps, including formation of committees and fixing responsibility where negligence of telecom or banking institutions is established.
[The writer is Law Officer in Central Waqf Council]