◾️ Legal Frameworks Addressing Digital Arrests
👉 Recently, "digital arrest" is not an offence specifically recognised under the Bharatiya Nyaya Sanhita, 2023 (BNS) or the Information Technology Act, 2000 (IT Act); however, various provisions of both statutes come into play when such acts are committed.
▪️ Section 204 of BNS: Impersonating a Public Servant. Punishable with imprisonment of six months to three years, along with a fine. This provision directly addresses the core act of scammers posing as CBI, ED, or police officials.
▪️ Section 318 of BNS : Cheating. Punishable with imprisonment of up to seven years and a fine. Covers the fraudulent scheme of deceiving victims into transferring money under false pretences.
▪️ Section 336 / 336(3) of BNS: Forgery. Punishable with imprisonment of up to seven years and may incur a fine. Applicable to fabrication of fake arrest warrants, court orders, and official documents.
▪️ Section 308 of BNS: Extortion. Punishable with imprisonment of up to ten years and may incur a fine. The most directly applicable provision, covering coerced extraction of money through threats.
▪️ Section 66C of IT Act— Identity Theft. Punishable with imprisonment of up to three years and a fine of up to ₹1 lakh. Applicable when scammers fraudulently use stolen personal data to impersonate victims or institutions.
▪️ Section 66D of IT Act — Cheating by Personation Using Computer Resources. Punishable with imprisonment of up to three years and a fine of up to ₹1 lakh. Directly applicable to impersonating government agencies through digital means.
▪️ BNSS and Lawful Arrest Procedure. The BNSS allows electronic service of summons under Section 63 only if encrypted, court-sealed, and digitally signed. No arrest notice may be served via WhatsApp or informal digital channels — a position affirmed by the Supreme Court.
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