Supreme Court Flags Need For Standalone Digital Arrest Offence; Centre Working On Draft Law

The government is looking at ways to address newer forms of cybercrime, including digital arrests and scams which involve the use of AI-generated deepfakes. The issue came up after the Supreme Court suggested that digital arrest could be formally defined as a separate offence under criminal law with stricter penalties on July 28.

Digital arrest scams typically involve fraudsters posing as law enforcement officials, government representatives or other authorities to create fear among victims. They often use audio or video calls to falsely accuse individuals of involvement in illegal activities and pressure them into transferring money.

What Did The Supreme Court Say

According to a report by the Press Trust of India, the Supreme Court suggested that the Centre should consider formally defining digital arrest under criminal law and making it a standalone offence with stricter punishments.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana observed that digital arrest cases involve elements of offences such as extortion and robbery, and may require a separate legal definition.

During the hearing, Chief Justice Surya Kant said, “You may need to formally define ‘digital arrests’ in penal laws? It also has elements of extortion, robbery. Perhaps, you need to define this as a standalone offence with serious consequences.”

The bench also suggested that once there is prima facie (initial) evidence against an accused based on reasoned grounds, authorities could consider freezing the person’s assets.

However, Attorney General R Venkataramani told the court that digital arrest-related offences are already covered under existing laws. He added that an Inter-Departmental Committee (IDC) was examining gaps in the current system and working on a comprehensive report.

The Supreme Court also raised concerns over the misuse of artificial intelligence, particularly deepfakes, in cybercrime cases. Justice Joymalya Bagchi said, “We now have deepfakes. It can be used for cheating and impersonation. Under Article 142, we cannot define a crime.”

When Will The Bill Be Drafted

Solicitor General Tushar Mehta told the Supreme Court that the government was working on a draft law to address digital arrests, deepfakes and other online crimes. According to the Times of India, the government is likely to introduce a relevant Bill during the ongoing session of Parliament.

Why Is A Separate Legal Framework Being Considered

Digital arrest scams have become a growing concern as fraudsters increasingly use technology, impersonation and psychological pressure to target victims. The data from the Indian Cyber Crime Coordination Centre (I4C), cited in media reports, showed that India recorded approximately 2,97,727 digital arrest-related complaints involving financial losses of Rs 4,057.7 crore between 2022 and May 2026.

During the hearing, Attorney General R Venkataramani also informed the Supreme Court that the Central Bureau of Investigation (CBI) is investigating around 20 major digital fraud cases involving losses of Rs 10 crore and above while other cases are being handled by state police.

What Could Change With A Separate Law

A separate legal framework can bring clarity to digital arrest cases by defining the offence separately and setting stricter provisions for those involved. It may also strengthen action against fraudsters and act as a deterrent against such cybercrimes.

However, people should remember that there is no concept of digital arrest under Indian laws. Law enforcement agencies do not conduct arrests through video calls or demand money to settle cases.