Supreme Court Considers Defining 'Digital Arrest' in Criminal Law
Supreme Court's Consideration on Digital Arrest
New Delhi, July 28 - The Supreme Court stated on Tuesday that the central government might formally define 'digital arrest' in criminal law and consider categorizing it as a separate offense with severe penalties. 'Digital arrest' represents a growing form of cybercrime where fraudsters impersonate law enforcement officials, court personnel, or government agents, using audio and video calls to intimidate victims. They effectively hold victims 'hostage' in a digital space, pressuring them to transfer money.
The bench, comprising Chief Justice Suryakant, Justice Joymalya Bagchi, and Justice V. Mohan, indicated that if there is substantial evidence suggesting an accused's involvement in such crimes, their assets could be 'attached'. Attorney General R. Venkataramani informed the court that 'digital arrest' has already been defined as a crime within the legal framework. He also mentioned that an inter-departmental committee (IDC) is in the process of finalizing a comprehensive report to identify system flaws.
Chief Justice Kanta suggested, “It may be necessary to formally define 'digital arrest' within criminal laws. This should encompass elements of extortion and robbery. Perhaps, it should be classified as a distinct crime with serious consequences, including provisions for asset attachment if evidence against an accused is found.” Justice Bagchi highlighted the dangers posed by 'deepfake' technology, emphasizing the need for legal intervention to address emerging online crimes.
Justice Bagchi remarked, “We now face the challenge of 'deepfake'. It can be utilized for fraud and impersonation. We must combat this with what we have, but also refine our approach.”
Under Article 142, we cannot define a crime,” he added. Solicitor General Tushar Mehta, representing the government, stated that legislation is being developed to tackle 'deepfake' and 'digital arrest'. He mentioned, “A draft bill is forthcoming, which may include provisions to address 'digital arrest', 'deepfake', and other online offenses.”
Venkataramani informed the bench that the Central Bureau of Investigation (CBI) is already investigating around 20 major cases of cyber fraud exceeding ₹10 crores, while state police are handling the remaining cases.
The Attorney General requested several security measures, asserting that specific directives are necessary. He suggested that the Reserve Bank of India (RBI) be instructed to formally adopt and implement a 'Standard Operating Procedure' (SOP) detailing actions banks should take to temporarily halt withdrawals from suspicious 'bank accounts' involved in cyber fraud.
He urged all states, union territories, and law enforcement agencies to swiftly implement complaint resolution standards and money recovery protocols, and to expedite the resolution of cases related to freezing bank accounts due to cyber-based financial fraud. In response, the bench indicated that it would issue guidelines on Wednesday. Previously, the Ministry of Home Affairs informed the court about the rising threat of 'digital arrest', stating that it has formed a high-level inter-departmental committee (IDC) to address system flaws and ensure immediate protection for victims of cybercrime.