Expressing serious concern over the rapid rise in digital arrest scams across the country, the Supreme Court has asked the Central Government to examine whether “digital arrest” should be formally defined as a standalone offence under India’s criminal laws. The Court also indicated that provisions allowing the freezing of an accused’s assets at the prima facie stage, based on credible evidence, should be considered as part of the legal framework. The observations come amid a surge in cyber frauds where criminals impersonate police officers, CBI officials, enforcement agencies, or judicial authorities to extort money from unsuspecting victims.
A three-judge Bench headed by Chief Justice of India Justice Surya Kant, along with Justice Joymalya Bagchi and Justice V. Mohana, was hearing the suo motu case concerning digital arrest scams. The Bench observed that digital arrest fraud typically involves cybercriminals posing as law enforcement or government officials through audio and video calls, intimidating victims with threats of legal action or arrest, and coercing them into transferring money.
During the hearing, the Chief Justice remarked that the Union Government should examine whether digital arrest deserves a separate legal identity within criminal statutes. He observed that such offences contain elements of extortion, cheating, and robbery, making them significantly different from conventional cybercrimes. The Court suggested that stronger penal provisions could serve as an effective deterrent and further noted that if a prima facie case is established against an accused based on reasoned evidence, authorities should be empowered to freeze the individual’s assets at an early stage of the investigation.
Appearing for the Centre, Attorney General R. Venkataramani informed the Court that an Inter-Departmental Committee (IDC) is in the process of finalising a comprehensive report to identify systemic gaps in tackling digital arrest cases. The committee is expected to recommend measures aimed at strengthening the legal and institutional framework for combating this rapidly evolving form of cybercrime.
Solicitor General Tushar Mehta also informed the Bench that the Central Government is working on a new legislative framework to address emerging digital threats, including deepfakes and digital arrest scams. According to him, the proposed Bill will contain provisions specifically designed to deal with these technology-enabled offences and strengthen legal safeguards against their misuse.
The Supreme Court had taken suo motu cognisance of digital arrest frauds in October 2025 after an elderly couple informed the Court that fraudsters posing as officials of the CBI, Intelligence Bureau, and the judiciary had extorted nearly ₹1.50 crore from them between September 1 and 16, 2025. The scammers allegedly used forged Supreme Court orders and video calls to threaten the victims with arrest unless they transferred money, highlighting the growing sophistication of such frauds.
In December 2025, the apex court directed the Central Bureau of Investigation (CBI) to conduct a coordinated nationwide investigation into digital arrest cases. It also questioned the Reserve Bank of India (RBI) on why Artificial Intelligence was not being used more extensively to identify and freeze bank accounts operated by cybercriminals. The Court further clarified that if bank officials were found to have facilitated the opening or operation of mule accounts used in cybercrime, the CBI would be free to investigate them under the provisions of the Prevention of Corruption Act.
According to renowned cybercrime expert and former IPS officer Prof. Triveni Singh, digital arrest has emerged as one of the most dangerous forms of social engineering-based cybercrime. He said fraudsters exploit fear by impersonating police, investigative agencies, or courts, psychologically pressuring victims into transferring money voluntarily. He emphasised that effectively tackling digital arrest scams requires a clearly defined legal framework, swift freezing of fraud-linked assets, strict action against mule accounts, and sustained public awareness campaigns to reduce the success of such fraudulent schemes.
