High-level panel formed to examine digital arrest issues: MHA tells SC

The menace of 'digital arrest' scams represents a grave and evolving threat in India's rapidly digitizing landscape, prompting a significant response from both the judiciary and the executive. These sophisticated cyber frauds involve criminals impersonating high-ranking law enforcement officials (like CBI, ED, local police) or government agencies (MHA, RBI, TRAI) to coerce victims, often elderly or vulnerable individuals, into transferring large sums of money. The modus operandi typically involves a phone call or video call where the scammer falsely claims the victim is implicated in serious crimes such as money laundering, drug trafficking, or possessing illegal goods. They then demand immediate payment to 'clear' their name or avoid 'arrest,' creating a sense of panic and urgency.

This issue garnered national attention when, in December 2023, the Supreme Court of India took *suo motu* cognizance of a complaint filed by an elderly couple from Haryana who fell prey to such a scam. The Supreme Court's proactive intervention, which translates to 'on its own motion,' underscored the widespread nature and severe impact of these fraudulent activities across the country. Recognizing the need for a coordinated and robust response, the apex court directed the Central Bureau of Investigation (CBI), India's premier investigative agency, to conduct a unified pan-India probe into these 'digital arrest' scam cases. This directive highlighted the inter-state and often international dimensions of such crimes, necessitating a centralized investigative approach.

In response to the Supreme Court's directive and the escalating threat, the Ministry of Home Affairs (MHA) has now informed the Supreme Court about the formation of a high-level panel. This panel's primary objective is to thoroughly examine all issues related to 'digital arrest' scams, signaling a serious governmental commitment to tackle this burgeoning cyber threat. Key stakeholders involved in addressing this issue include the **Ministry of Home Affairs (MHA)**, which is responsible for internal security, cyber security policy, and coordinating law enforcement efforts; the **Supreme Court of India**, acting as the guardian of fundamental rights and initiating judicial oversight; the **Central Bureau of Investigation (CBI)**, tasked with the complex pan-India investigation; and critically, the **victims** themselves, who bear the financial and psychological brunt of these frauds. Financial institutions also play a crucial role in preventing fraudulent transactions and reporting suspicious activities.

This development holds immense significance for India. From a **national security and cyber security** perspective, these scams erode public trust in government institutions and expose vulnerabilities in the digital ecosystem. The financial losses incurred by citizens can destabilize household economies and impact the broader digital economy, hindering the vision of a truly digital India. Socially, the targeting of vulnerable populations, particularly the elderly, causes immense distress and trauma, highlighting the need for enhanced digital literacy and awareness campaigns. Furthermore, it underscores the challenges faced by law enforcement agencies in keeping pace with technologically advanced criminals who often operate from beyond national borders, necessitating robust international cooperation.

Historically, cybercrime in India has evolved from rudimentary phishing attempts to highly sophisticated social engineering techniques like 'digital arrest.' The legal framework to combat these crimes primarily rests on the **Information Technology Act, 2000**, and its subsequent amendments, which define various cyber offenses and prescribe penalties. Sections of the **Indian Penal Code, 1860**, such as Section 419 (cheating by personation) and Section 420 (cheating and dishonestly inducing delivery of property), are also invoked. The Supreme Court's *suo motu* action can be seen as an exercise of its powers under **Article 32** of the Constitution, protecting the fundamental rights of citizens, particularly their right to life and personal liberty (**Article 21**), which includes the right to live with dignity and security free from such predatory practices.

Looking ahead, the formation of the MHA panel and the CBI probe indicate several future implications. We can anticipate stronger policy recommendations from the MHA panel, potentially leading to amendments in the IT Act, 2000, to address gaps in tackling emerging cyber threats. There will likely be an increased emphasis on inter-agency coordination, not just between central and state law enforcement but also with financial institutions and telecom service providers. Public awareness campaigns, like those promoted by the **Indian Cybercrime Coordination Centre (I4C)** and the **National Cybercrime Reporting Portal (cybercrime.gov.in)**, are expected to be amplified. Moreover, with many perpetrators operating from other countries, enhanced international collaboration through mutual legal assistance treaties will be crucial. This concerted effort aims to build a more secure and trustworthy digital environment for all Indian citizens, strengthening the nation's resilience against evolving cyber threats.