Analysing Digital Arrest Through Legal Provisions And Cybercrimes: Insights From Recent Case Studies
- IJLLR Journal
- 7 minutes ago
- 2 min read
Rakshita Adchitre, Symbiosis Law School, Pune
ABSTRACT
In today’s age, with numerous types of cyber-crimes happening online, digital arrest is the most recent form of cyber-attack, which has caused hardships to many common people. Digital arrest has no legal basis in India or any other law across the world. Although, it sounds as legal as an actual physical arrest and even the cyber-criminals try their to pose as real officials but it is not valid at all. With such attacks having drastic consequences, it is critical to recognize and regulate the rights and duties vested in the victims of digital arrest. However, with the lack of any special law for such a new way of cyber fraud, recourse has to be sought to the existing legal framework, majorly within the information technology laws of India, i.e. the Information Technology Act, 2000, and The Information Technology Rules, 2011, and the subsequent jurisprudence. This article aims to venture into this exercise of placing digital arrest within the Information Technology Act, of 2000, and its subsequent precedents, along with precedents from different jurisdictions. This article adopts three methods of viewing this issue, firstly, it introduces the meaning of a digital arrest in the current context, then it analyses digital arrest in the backdrop of contemporary digital legal framework of India as well as the world. Secondly, it does a blanket analysis of digital arrest in the light of other prevalent cybercrimes happening all over the world. Thirdly, Case studies have been included to illustrate the cunning nature and manipulative strategies of the cybercriminals they deploy, to rob people. Lastly, it has been concluded with a summarised form of the article along with certain suggestive solutions for the common people (victims) and the government.
Keywords: Digital Arrest, Cybercrime, Information Technology Act, 2000,
