NEW DELHI: The Central government is preparing to introduce a new bill in the ongoing session of Parliament to curb the growing menace of ‘digital arrest’ and AI-generated deepfakes in the country. The proposed legislation aims to classify these cyber crimes as separate and independent offences with strict punishment and clear legal provisions.
The development came to light on Tuesday during a hearing in the Supreme Court. A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohan was hearing a suo motu case related to digital arrest scams across India.
During the proceedings, the top court observed that current criminal laws lack a clear definition for offences like digital arrests and deepfakes, stressing the need for dedicated legislation to tackle them effectively.
What Transpired in Court
Solicitor General Tushar Mehta informed the bench that the government is working seriously on the issue and is likely to table a bill in the current parliamentary session. He stated that the objective of the proposed law is to categorize digital arrest and AI-generated deepfakes as distinct offences to ensure clear legal remedies and stringent penalties.
The Supreme Court noted that digital arrest is not merely a case of online fraud, but involves elements of extortion, robbery, and organized crime. The bench further questioned whether strict measures, such as freezing the assets of the accused, should also be incorporated into the new law.
Raising concerns over deepfakes, Justice Joymalya Bagchi pointed out that AI technology is increasingly being misused to mislead people, commit identity theft, and carry out financial fraud. The court clarified that while it has previously taken a tough stance against digital arrest gangs by denying easy bail, it cannot create new offences or define them under Article 142 of the Constitution, as that power rests solely with Parliament.
What is Digital Arrest?
Digital arrest is a cyber fraud tactic where scammers impersonate officials from government agencies such as the police, CBI, ED, Income Tax, or Customs over phone or video calls. Victims are threatened with alleged involvement in crimes or money laundering cases and told they have been placed under “digital custody.” Scammers then extort large sums of money under the pretext of clearing their names or dropping charges. Senior citizens have been the primary targets of such scams.
Government and Tech Response
The Supreme Court had earlier initiated a suo motu case on rising digital arrests and handed over the investigation of these cases to the CBI.
Attorney General R. Venkataramani informed the court that coordinated action by a high-level inter-departmental committee set up by the government has led to a significant decline in digital arrest cases. He added that the committee is preparing a comprehensive report to identify gaps in the current system and suggest remedial measures.
Appearing for WhatsApp, Senior Advocate Kapil Sibal told the bench that the platform is working closely with the government to prevent abuse. He assured the court that the company is coordinating with authorities and providing necessary technical and legal support to check criminal activities.
If introduced and passed by Parliament, the bill will mark the first time that digital arrest and AI-generated deepfakes are recognized as distinct criminal offences in India, streamlining the prosecution and punishment of cyber offenders.
