A 77-year-old, Delhi-based retired engineer received a call from a courier company that the parcel containing banned substances trafficked from Mumbai to China by him was intercepted by law enforcement agencies. To his utter astonishment, he did not send any such parcel in his name. Then, the reported courier company person transferred the phone to another person who introduced himself as Mumbai police. Further, the person showed him the government records of him attached with the parcel and demanded his bank details for verification. The phone call was then transferred to the supposed CBI officer who instructed the old man to isolate himself in a private room, warning him of arrest if he did not fall in line. Then the call was further transferred to another person who claimed to be an enforcement agency officer. The supposed enforcement agent to his part, put the old man under his own psychological control and sense of urgency, and panic. At last, the proposed chain of law enforcers asked the old man to transfer all his money from his bank account in order to relieve him from that case. Aligning with their plan, the old man transferred all his life savings of rupees 10 crores. When his family members found out about this ordeal, the old man finally understood that he was duped of his hard-earned money in the name of digital arrest.

The above incident is one of the cases of digital arrest. Following the same modus operandi, thousands of digital arrest cases are reported across India where millions of rupees are looted by scamsters.

Day by day, cases of digital arrest reported are going out of proportion, wiping crores of amounts from banks within seconds. According to National Cybercrime Reporting (NCRP) , Indians have lost up to 120 crore rupees in digital arrest cases just in the first quarter of 2024. This prompted even our Prime Minister Narendra Modi in his October Mann Ki Baat speech alert Indians to the widespread fraud of digital arrest.

WHAT IS DIGITAL ARREST?

Digital arrests refer to a type of cyber fraud where cyber criminals impersonate law enforcement officials or other authorities. The victims are often contacted usually on instant messaging sites like WhatsApp, Skype, etc and informed that their bank accounts, digital assets or their online access are compromised. Victims are entrapped into scamster's nets because of being threatened with arrests, public humiliations, or legal consequences. Digital arrest involves the virtual restraint of an individual.

Scamsters behind this deceit try to manipulate victims psychologically, by creating a sense of panic, and urgency into their minds and making victims to make hasty decisions by clouding their rational thoughts and better interests. They also force victims to download remote access software like TeamViewer or Any Disk to take better control of victims’ activities.

MODUS OPERANDI OF DIGITAL ARREST:

A digital arrest can take place in three stages - collecting personal information, scaring people and putting immense pressure on them. According to the National Crime Records Bureau, more than 111 lakh cyber fraud cases have been reported in the last year alone. Of them, the Most Vulnerable are Elderly people.

1. Impersonation of scammers as law enforcement agencies such as CBI, ED, Police or customs agents and initiate contact with victims via phone call.
2. Threatening the victims with a digital arrest warrant, citing various reasons like money laundering, tax evasion, and pornography allegations.
3. In order to clear the victim's name from the alleged crime, victims are compelled to make refundable security deposits by transferring large sums of amount to specified bank accounts, most of which are mule accounts.

OBSTACLES IN TRACING CRIMINALS:

ANONYMOUS CYBERSPACE:

The anonymity provided by VPNs (virtual private networks), and encrypted messaging apps like WhatsApp and cryptocurrencies makes it difficult for law enforcement to trace the identities of digital criminals.

CRIMES ACROSS BOUNDARIES:

Cyber crimes blur national boundaries. Mostly cyber slaves were procured from Myanmar, Laos, Cambodia and also from China involved in this. Tech companies governed under foreign jurisdiction make gaining information on scammers difficult under the guise of encryption and privacy.

LIMITED RESOURCES:

Indian enforcement agencies lack both the manpower and capacity to deal with such crimes. Many cyber-crime branches lack specialized tools needed for digital forensics examination. Information technology laws are more ambiguous and not in tune with the resent evolution of digital technology.

SOPHISTICATED TECHNOLOGY:

Scammers constantly evolve their techniques to stay ahead of law enforcement agencies. Deepfake, AI-driven attacks create fresh challenges. Further, a lot of consumers' and citizens' data is available on the dark web which makes it easy for scammers to easily approach victims with the strength of better information.

LEGAL GRAY AREAS :

Information Technology Act, of 2000 is more ambiguous and not in tune with the present evolution of digital technology. It has no provision to deal with foreign tech companies.

HOW TO PROTECT YOURSELF FROM THE DIGITAL ARREST:

Awareness is the best deal to protect yourself from any scam, especially digital arrest. CERT-IN’s advisory to the public states that, vigilant and informed is crucial to protect oneself from this scam.

Remember any law enforcement agencies including bank officers don’t ask for your password, card number, CVV number, or any credentials linked to that. There is no legality behind the digital arrest and no such terms exist in the legal corollary.

CYBER HYGIENE:

This includes maintaining cyber hygiene by regularly updating passwords, and software and also enabling two-factor authentication to reduce the chance of unauthorized access.

Secure devices by installing reputable antivirus and antimalware solutions, and firewalls and by keeping operating systems and applications up to date with the latest security protocols. It is also advised to lock Adhaar biometrics to prevent AePS transactions without consent.

MONITOR ONLINE SERVICES:

A regular review of online accounts for any unauthorized or unlawful activities and setting up alerts for any changes to account settings or login attempts may help in the early detection of cybercrime and coping with it.

SECURE COMMUNICATION CHANNELS:

Secure communication channel techniques such as encryption can be done for the protection of sensitive information.

AWARENESS:

To avert any incidence of digital arrests, there is a need for preventive measures and increased public awareness. Educational initiatives that draw attention to prevent cyber threats, especially Cyber impersonation can enable people to identify and fend off from scams of these kinds. The collaboration between law enforcement agencies and telecom companies can limit the access points used by fraudsters by identifying and blocking susceptible calls.

GAIN HELP FROM EXPERTS;

One has to be hypervigilant when dealing with unknown service providers or strangers, especially if asked to download any app or install software. It is always wise to Consult a trusted subject expert before giving access to any personal devices.

Thus, digital arrest cases call for a proactive and watchful stance. In this growing complex virtual world of cyber communication, prevention and awareness is the key factor for cyber fraud reduction.

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