Have you ever received a threatening call claiming that you’ve been subjected to a Digital Arrest? Let me make this clear: there is no such thing as Digital Arrest under Indian law. It’s a scam tactic aimed at creating panic and coercing victims into compliance.
I've experienced this firsthand – not once, but four times! When I received such calls, I deliberately gave a wrong name and phone number, and guess what? They still continued their charade, claiming they were pursuing the “case.”
This tells us:
- These scammers are flying blind, relying on fear rather than facts.
- They don’t care if they’re speaking to the wrong person as long as they can trick someone.
- The moment they ask for payment or personal details, it’s clear that their intention is malicious.
How to Stay Safe:
- Don’t Panic: Remain calm and don’t believe everything they say.
- Verify Legitimacy: Cross-check their claims with legal resources or local authorities.
- Don’t Share Information: Never provide personal or financial details over the phone.
- Report the Call: Register a complaint with the cybercrime portal (cybercrime.gov.in) or your local police.
A Note to Awareness Programs
While it’s important to educate people on what to do after losing money in such scams, it’s equally critical to emphasize that there is no legal concept of Digital Arrest in India. Awareness campaigns should highlight this fact to prevent people from falling for these traps in the first place.
Copying Points From Gokul Narayan about possible lawful action on 'Taking Someone To Custody By Authorities To Ensure The Individual Is Available For Investigation, Trial, Or Punishment.
Are Digital Arrests Lawful? – The Short Answer!
We have seen an unprecedented rise in cases of DIGITAL ARRESTS in India. But does something like a digital arrest even exist under Indian law? The short answer is NO. Let me explain.
What Is an Arrest?An arrest refers to the act of taking a person into custody by lawful authority, restricting their freedom of movement. Arrests are typically carried out to ensure the individual is available for investigation, trial, or punishment.
Indian law, specifically the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS), governs the procedures and rules around arrests. However, nowhere in the law is there a provision or recognition of a digital arrest.
Types of Arrest Under Indian LawIndian law recognises four types of arrests, all involving physical custody:
1. Arrest Without a Warrant (Section 35(1), BNSS)A police officer may arrest a person without prior approval from a magistrate in cases of cognizable offences (serious offences like murder or robbery) where immediate action is necessary.
Illustration:A person is caught committing murder. The police, upon receiving credible information, arrest the individual immediately without needing a warrant.
2. Arrest With a Warrant (Section 35(2), BNSS)For non-cognizable offences (less serious crimes like public nuisance or verbal defamation), the police require prior permission from a magistrate in the form of a warrant to arrest the person.
Illustration:A shopkeeper files a complaint against an individual for repeatedly creating a nuisance on his premises. In this case, the police must approach a magistrate for a warrant before making the arrest.
3. Arrest by a Private Citizen (Section 40, BNSS)A private citizen can arrest a person who commits a cognizable offence in their presence if immediate action is required. The arrested person must then be handed over to the police without delay.
Illustration:A person sees another dumping hazardous waste into a public lake, causing potential harm to the environment and public health. They detain the offender on the spot and call the police to take over.
4. Arrest by a Magistrate (Section 41, BNSS)A magistrate is empowered to arrest or order the arrest of a person if an offence is committed in their presence. The magistrate may also order another person to execute the arrest on their behalf.
Illustration:A magistrate witnesses an individual physically assaulting another outside their courtroom. The magistrate immediately orders a nearby officer to arrest the offender for committing an offence in their presence.
What About Digital Arrests?The term "digital arrest" may sound modern, but it has no legal basis under Indian law. While violations can lead to summons or fines being delivered virtually, arrests must still involve physical detention and follow the procedures outlined in the BNSS.
Note: Offences committed before the BNSS came into force will continue to be governed by the previous laws.