A new and sophisticated cyber fraud is causing panic across India. Victims, including doctors, retired officials, and corporate professionals, are receiving video calls via Skype or WhatsApp from individuals impersonating CBI, ED, or Police officers. They are told they are under “Digital Arrest” in connection with a money laundering case or a parcel containing illegal substances. Terrified, victims transfer lakhs or even crores of rupees to “verification accounts.”
At Delhi Law Advocates, we want to make the legal position absolutely clear: The concept of “Digital Arrest” does not exist in Indian Law.
The Legal Reality of Arrest (Section 35 BNSS): The procedure for arrest by a police officer is strictly governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS). Under Section 35 (formerly Section 41 CrPC), an arrest follows a due process:
- Physical Presence: Investigating agencies do not conduct interrogations or arrests via video conference calls. They must be physically present.
- Identification: The officer must bear an accurate, visible, and clear identification of their name.
- Memo of Arrest: A formal Memo of Arrest must be prepared at the time of arrest, attested by a witness.
- Notice of Appearance: For offenses punishable with less than 7 years, the police are required to issue a Notice under Section 35(3) asking you to appear at the police station, not to “digitally arrest” you.
What To Do If You Receive Such A Call:
- Do not engage. Scammers use psychological pressure. Disconnect the call immediately.
- Do not transfer money. No government agency will ever ask you to deposit money for “verification.”
- Dial 1930. Report the number and details to the National Cyber Crime Helpline.
How We Can Help: If you have already fallen victim to this scam and lost money, immediate legal action is crucial. Our firm specializes in cyber financial fraud cases. We assist in:
- Drafting a comprehensive complaint for the Cyber Cell.
- Coordinating with banks to freeze fraudulent accounts.
- Filing a petition before the Magistrate for recovery of funds.
If you or a family member has been targeted, do not panic. Contact our Dwarka office for legal assistance.