Cybercrime is defined as a crime where a computer is the object of the crime or is used as a tool to commit an offense. 

It involves illegal or unauthorized activities that exploit technology to commit various forms of crimes. 

Cybercrime covers a wide range of offenses and can affect individuals, organizations, and even governments. 

What is digital arrest? 

A digital arrest is a type of cyber scam where fraudsters pose as law enforcement officers, claiming that the victim is involved in serious crimes such as money laundering or fraud. They simulate legal proceedings, often via video calls, and convince victims to transfer large sums of money to avoid arrest. 

Modus Operandi of Digital arrest: 

Caller ID Spoofing( Vishing/ Voice Phishing): Scammers disguise their phone number to look like it is from a legitimate government office or police department. Scammers also reach out via video calls using WhatsApp or Skype 

Intimidation(Social Engineering): Victims are falsely accused of crimes like drug trafficking or money laundering, and are shown fake documents and setups that mimic police stations. The scammers use fear tactics, such as threatening for jail-term or property seizure, to create urgency 

Isolation/ Digital Arrest: Victims are instructed to remain on the call and not to contact anyone else. This creates a sense of urgency and fear. The fraudsters also use deepfake videos and fake arrest warrants to impersonate officials of law enforcement agencies. 

Demands for Money and Personal Identity Theft: The fraudsters demand immediate payment, often via gift cards, wire transfers, or crypto currency, which would make the money transfer difficult to trace. Some scammers ask for Aadhaar Details, Bank account details, and other personal information, which are later used for identity theft.

IMPACT OF CYBER CRIME ON INDIVIUAL PERSONALITY: 

As per the International Journal of Indian Psychology, research has been made in this regard which speaks the impact of cybercrime on victims is either financial or psychological. long-term financial and psychological repercussions, mental illness may make a victim of cybercrime more susceptible to it. Anxiety may increase in those who become victims of identity theft or online privacy violations. It might be upsetting to worry about money loss, reputational damage, or the abuse of personal information. Cyberstalking has detrimental impacts on many facets of life, including the psychological, social, interpersonal, and financial spheres. It also causes comorbid anxiety and depression. Lack of social support in these situations exacerbates victims' distress; some victims report feeling betrayed and blamed by friends and family. An ongoing sense of annoyance might be brought on by worries about potential cyber threats and the safety of one's online activity or personal data. The sense of helplessness in the face of hackers might intensify this persistent worry. Victims of cyberbullying may have psychological effects including frustration, despair, or even thoughts of suicide. 

The ramifications of cybercrime, including but not limited to identity theft, cyberbullying, online harassment, and financial loss, can significantly affect a person's psychological state and overall wellbeing. These traumatic events can occasionally exacerbate depressive, dismal, and despairing moods, which can then spark suicidal thoughts, despair, helplessness and hopelessness. Increased anxiety, rage, despair, Post Traumatic Stress Disorder symptoms, such as vivid flashbacks of the traumatic event, Intrusive thoughts and experiencing intense distress at symbolic reminders of the trauma are common. Emotional trauma may be experienced by those who have suffered serious privacy violations, such as having private or sensitive information revealed in a data breach. One factor that might lead to anxiety is the dread of possible repercussions, including identity theft. People close to victims of cybercrime are at a significant risk of becoming secondary victims and most of them show symptoms of PTSD(Post Traumatic Stress Disorder) 

Numerous emotional and psychological consequences, such as stress, worry, sadness, trauma, and loss of trust, can affect victims of cybercrime. These effects may have a significant negative influence on people's relationships, sense of security, and general well-being in both online and offline settings. 

LEGAL FRAMEWORK IN INDIA: 

To combat the increasing cybercrime in India. Government has taken effective step. Following are the legislation however, Bhartiya Nyaya Sanhita, 2023 (“BNS”), India's new penal code, that came into force on 1 July 2024 and replaced the oldest penal law, the Indian Penal Code, 1860 (“IPC”)in India, recognizes the growing threat of cybercrime and introduces provisions specifically designed to address these challenges. 

INFORMATION TECHNOLOGY ACT, 2000 (IT ACT): 

Section 43 

Whoever without the permission of the person in charge of the computer system, accesses, downloads any data, introduces a computer virus, or causes denial of access will be liable to a penalty up to Rs 1 crore. 

Section 65 

Tampering with computer source documents is an offence for which one must be imprisoned for up to three years, fined up to Rs 200,000, or both. 

Section 66A 

This section provides punishment for sending offensive messages through communication service, etc. with imprisonment for a term which may extend to three years and with fine 

Section 66C 

This section provides punishment for identity theft. i.e.fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person punished with imprisonment of may extend to three years and extend to rupees one lakh. 

Section 66D 

This section provides punishment for cheating by personation by using computer resource with imprisonment extend to three years and fine which may extend to one lakh rupees. 

Section 66E 

This section provides punishment for violation of privacy any person without his or her consent with imprisonment extend to three years or with fine not exceeding two lakh rupees, or with both. 

Section 66F 

This applies to deliberate attacks designed to disrupt the availability of a network or service. The punishment for this is imprisonment for up to seven years and a fine. 

Section 67

This section provides punishment for publishing or transmitting obscene material in electronic form on first conviction with imprisonment upto three years and with fine extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment extend to five years and also with fine which may extend to ten lakh rupees. 

Section 67A. 

This section provides punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form on first conviction with imprisonment extend to five years and with fine extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment extend to seven years and also with fine extend to ten lakh rupees. 

Section 67B. 

This section provides punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form on first conviction imprisonment extend to five years and with fine extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment may extend to seven years and also with fine extend to ten lakh rupees: 

Section 67C 

This concerns intermediaries’ preservation and retention of information. The punishment is imprisonment for up to three years and a fine. 

Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: 

The Indian government announced new regulations in February 2021 under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules. These regulations mandate that social media sites, such as Facebook, WhatsApp, Telegram, and X, track the source of damaging information and take it down within a day after it is reported by law enforcement. Some government organisations, like the Indian Cyber Crime Coordination Centre (I4C), the Computer Emergency Response Team (CERT-IN), and others, are doing well, but the cybercriminals day by day become more vulnerable. 

INDIAN PENAL CODE, 1860: 

Section 292 

This Section deals with the sale of obscene materials either in the form of a book, paper, drawing, writing, pamphlet, painting, etc., or sexually explicit acts harming the surroundings. An individual or a group involved in such an offence is punished with imprisonment and a fine. On a first conviction, the punishment is imprisonment for two years and Rs. 2000 fine whereas on a second or subsequent conviction, the punishment is imprisonment for a term that may extend to five years and Rs. 5,000 fine. 

Section 354C 

It deals with the offence of voyeurism, where an individual watches or captures, or publicizes the image of a woman engaged in a private Act without her consent. Under the provisions of this Section of IPC, such an offender or criminal is punished with imprisonment of 1 to 3 years and 3 to 7 years for first-time and second-time offenders respectively. 

Section 354D 

This section deals with stalking both physical and cyberstalking. As per this Section, “Any man who follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman or monitors the use by a woman of the interest, email or any other form of electronic communication, commits the offence of stalking.” An offender will be punished with imprisonment that may extend to three years for the first offender and five years for the second offender. 

Section 379 

If a person commits theft either electronically or physically, he or she will be punished under the provisions of this Section. It states that “whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both.” 

Section 411 

If a person receives any stolen property such as a computer, mobile phone, or data then he or she will be punished for three years or fine or both. 

Section 419 

This Section deals with fraud such as email phishing or committing the crime of password theft for impersonating and collecting data for personal benefit. According to this Section, “Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.” 

Section 420 

It also deals with fraud cases especially ‘cheating and dishonestly inducing delivery of property’. Whoever dishonestly induces one’s property, “the person deceived to deliver any property to any person r to make or alter or destroy the whole or any part of a valuable security… and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.” 

Section 465 

The punishment for forgery, email spoofing, preparation of false documents, etc., are dealt with in Section 465 of the IPC. It states that anyone who commits forgery should be punished with imprisonment extending to two years, a fine, or both. 

Section 468 

This Section deals with the forgery of documents or electronic records for committing other serious crimes such as cheating. As per the provisions of this Section, whoever commits such a crime shall be punished with imprisonment which may extend to seven years with a fine. It is a non-bailable offence. 

Section 469 

According to this Section, forgery for the purpose of harming reputation is a punishable offence. Section 469 states that “Whoever commits forgery, 1[intending that the document or electronic record forged] shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.” 

Section 500 

It states that “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.” This means that any individual who sends abusive messages or defamatory content via email or any other electronic form is dealt with as per the provisions of Section 500 of the IPC. 

Section 504 

If anyone insults, tries to provoke, or threatens another person with the motive of affecting their peace via any electronic form of communication will be attracted by Section 504 of the IPC. As per its provisions, an individual involved in such an offence is punished with imprisonment which may extend to two years or a fine or both. 

Section 506 

This Section deals with the ‘punishment for criminal intimidation’. If an individual tries to intimidate another individual shall be punished with imprisonment which may extend to two years or a fine or both. This criminal intimidation can either be physical or through electronic means.

Section 509 

It states that “Whoever intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.” 

BHARTIYA NYAYA SANHITA, 2023: 

Section 75 

Sexual harassment committed by showing pornography against the will of a woman or making sexually coloured remarks (physically or using electronic means). [Section 354A IPC] 

Section 77 

This section punishes the act of watching or capturing the image of a woman engaging in a private act without her consent. [Section 354C IPC] 

Section 78 

This section deals with stalking using technology to harass or intimidate a woman, such as through persistent messaging, tracking her location, or creating fake profiles, a person can be held liable for cyber stalking under this section. [Section 354D IPC] 

Section 79 

This section deals with outraging the modesty of a woman by uttering words, making sounds or gestures, exhibiting objects with intent to insult or invade a woman’s privacy. However, this section primarily focused on offline acts, the provision can also be relevant to certain cybercrimes, particularly those involving online harassment or threats such as deepfakes [Section 509 IPC] 

Section 111 

This section deals with organised crime that defined also in MCOCA, 1999. It specifically includes cybercrimes within the scope of such activities. Cybercrime such as cyber extortion, identity theft, phishing, ransomware, botnet operation, vishing, phishing, could fall under this section. [New Section] 

Section 112

This section provides punishment for petty organized crime as any act of theft, snatching, cheating, or other similar criminal act committed by gang on behalf of gang. This section can also be relevant in cybercrime committed by group or gang engages in coordinated cyberattacks or scams such phishing scams, card skimming, clickbait scams. [New Section] 

Section 152 

This section deals with offences of endangering the sovereignty, unity, and integrity of India. While this section focused on offline acts, but can also be relevant to certain cybercrimes that threaten national security as it explicitly uses the term use of ‘electronic communication’ to excite secession, armed rebellion, subversive activities, or encourage feelings of separatist activities or endangers sovereignty or unity and integrity of India. Cybercrime, such as Cyber warfare, Espionage, Propaganda, and disinformation campaigns, comes under the ambit of Section 152. [New Section] 

Section 196 

This section deals with promoting disharmony or hatred between different groups based on various grounds, including religion, race, place of birth, language, caste, or community. While this section focused on offline acts, but this section can also be relevant to certain cybercrimes as it explicitly uses the word ‘electronic means’ to commit such acts. Cybercrimes that involve the dissemination of hateful content/fake news via social media. [Section 153A IPC] 

Section 292 

This section deals with display or exhibition of obscene material. i.e., obscene material in electronic form. Cybercrimes such as sharing of offensive material, pornographic or abusive content is an offence under this section. [Section 292 IPC] 

Section 353 

This section deals with making false statements or spreading rumors that can harm public order or security, including through electronic means. [Section 505 IPC] 

DIGITAL PERSONAL DATA PROTECTION ACT, 2023: 

DPDP Act is a legal framework introduced in India to safeguard the personal data of individuals and ensure that their data is shared only with their consent. It applies to the processing of digital personal data within the territory of India collected online or collected offline and later digitized.

It excludes court jurisdiction and gives power to decide adjudication to board established under this act. It only provides financial penalty could range from as high as Rs. 250 crores to a data fiduciary or data processor to as low as Rs.10000 to a data principal (the owner of data) on non-compliance of law. 

GOVERNMENT INITIATIVE TO CURB THE CYBERCRIME AND DIGITAL ARREST RELATED CRIME MAJORLY: 

 National Cyber Security Policy 

 Computer Emergency Response Team - India (CERT-In) 

 Cyber Surakshit Bharat Initiative 

 Cyber Swachhta Kendra 

 National Critical Information Infrastructure Protection Centre (NCIIPC) 

 Digital Personal Data Protection Act, 2023 

 Cyber Crime Coordination Centre 

 Citizen Financial Cyber Fraud Reporting and Management System 

 Bharat National Cyber Security Exercise 2023 

NCRB REPORT ON CYBER CRIME: 

There are almost 900 million internet users in India. According to the ‘Crime in India’ report released by the National Crime Records Bureau (NCRB), there has been a 24.4 percent increase in Cyber Crime Cases across India. 

As per report published on 2022, total 65, 893 cybercrime registered i.e there is increase from 3.9% in 2021 to 4.8% in 2022. Cyber fraud case was 17470. 

The number of complaints increased significantly over the years, with 1,35,242 complaints in 2021, 5,14,741 in 2022, and 11,31,221 in 2023.The total monetary loss from cyber frauds has reached Rs 27,914 crore between 2021 and September 2024.

DIGITAL ARREST FRAUD CASES:

Vardhman Group Director’s case:

Scammers duped the textile industry doyen S P Oswal of Rs 7 crore, and intimidating him on false money laundering cases.

Deepfake of CJI:

There have been cases where a person impersonated Former Chandrachud, faked hearing a matter on skype and thereafter passed an order.

STEP VICTIM CAN TAKE/PREVENTIVE/PROTECTIVE MEASURES: 

Staying Calm and Alert: should take a moment to assess the situation. 

Verification of Identity: video calls or voice calls. 

Documenting Evidence: evidence. This documentation can be crucial in the times of need of reporting the scam. 

Contacting Authorities: local police or through national cyber helplines (1930). 

Education and awareness: Education and awarenscams.

6. Ask Questionsyourself whether it seems legitimate. Install antivirus and anti-device to avoid scam messages. 

Report Suspicious Calls: or ‘cybercrime.gov.in