Digital Arrest Scams And Procedural Safeguards Under The Bharatiya Nagarik Suraksha Sanhita, 2023: A Critical Analysis
Tanishq Balaji Alandkar, BA.LL.B., Manikchand Pahade Law College, Chh. Sambhajinagar, Maharashtra, India.
ABSTRACT
Rapid growth of Information Technology and E Commerce has transformed the modern Era. In today’s modernize era with the advent of internet and information technology one peculiar specimen stands out as its sophisticated evolution i.e. Digital Arrest. The term Digital Arrest has not been explicitly defined anywhere however we can understand the term Digital arrest as a cybercrime involving scammers posing as law enforcement officials for instance, as officials from Reserve Bank of India, Central Bureau of Investigation or Directorate of Enforcement, etc. and falsely accusing the victim of committing a crime. The scammers typically conduct intimidation via digital platforms and display fake FIRs and claim money transfer in the name of settlement of dispute. Victims are coerced into transferring money or disclosing sensitive information under threats of legal action. Cases span across India as of mid-2026, cyber cells have busted multiple gangs in Delhi, Bengaluru, Chennai, Hyderabad, etc., seizing mobiles and freezing account. The enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a legislative overhaul intended to replace the CrPC, incorporates technology-oriented reforms intended to improve efficiency and transparency. This paper critically analyses digital arrest scams in India, and whether the BNSS provides adequate procedural safeguards to address digital arrest scams in India.
Keywords: Digital Arrest, Cyber Crimes, BNSS, Cyber Crimes.
