Combating Digital Arrest Frauds in India: A Critical Analysis of Legal Responses, Public Policy and Institutional Reforms

Abstract

The rapid growth of India’s digital economy has immensely increased public access to online services, financial transactions, and e-governance initiatives. This transformation, however, has also led to the rise of complex cyber-enabled financial crimes, especially digital arrest frauds, in which perpetrators impersonate law enforcement agencies or regulatory authorities via voice and video calls and coerce victims into transferring money in the name of a criminal investigation. This study critically analyses the legal, institutional, and public policy challenges posed by digital arrest fraud in India and evaluates the adequacy of the existing regulatory framework to deal with this evolving cyber threat. The study, using a doctrinal and analytical research methodology, examines the constitutional provisions, the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, the Bharatiya Sakshya Adhiniyam, 2023, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and the applicable guidelines issued by the Reserve Bank of India and the Indian Cyber Crime Coordination Center. The study also uses the latest statistical data, government reports, judicial verdicts, and selected case studies to assess emerging trends and institutional responses. Although the mechanisms for enforcing cybercrime laws in India are improving, the study notes that the lack of a specific legal framework to address digital arrest fraud, rapid technological developments, cross-border criminal networks, and low levels of public awareness remain hindrances to effective prevention and prosecution. It concludes by recommending comprehensive legislative reforms, improved inter-agency coordination, technology-driven fraud detection systems, and nationwide digital literacy initiatives to bolster cyber resilience, safeguard public trust, and foster secure digital governance in India.