Open Access Research Article

DIGITAL ARREST SCAMS AND THE LEGAL VACUUM CHALLENGES FOR CRIMINAL JUSTICE IN THE DIGITAL AGE

Author(s):
VENKATESAN. D
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 8

Abstract

Digital arrest scams impersonating police, CBI, ED and RBI officials extorting money from victims threatening to arrest them is increasingly becoming a challenge for criminal justice system in India. This study analyzes response to a survey of 55 respondents comprising advocates, law students and the public to assess their knowledge, perceived sufficiency of the law, challenges in its enforcement and preventive measures. The results show that there is high levels of awareness and almost universal recognition of the seriousness of the scams, but a striking lack of consistency as to whether existing criminal laws are sufficient. A significant number of respondents, including legal professionals, were either unaware of or uncertain about any specific legal provision dealing directly with digital arrest scams, highlighting a perceived legal void. The key challenges to enforcement identified included the cross-border nature of cybercrime, lack of technical resources and expertise, difficulty in identifying offenders and tracking digital and financial transactions. Stronger cybercrime laws, public awareness programs and faster freezing and retrieval of fraudulent funds were among the preferred measures. Victims were mainly considered vulnerable because of impersonation of government officials, fear of legal action and low awareness of cybercrime. And the scams seem to be widespread with a lot of respondents saying they either received suspicious calls themselves from fake government agencies or know someone who did. The study found high public awareness but a perceived fragmented and insufficient legal and institutional response. It recommends dedicated legislation on digital arrest fraud, enhanced inter-agency and international cooperation, capacity building for law enforcement and sustained awareness campaigns.

Published Paper

PDF Preview

Author Details

Authors: VENKATESAN. DRegistration ID: 1013564 | Published Paper ID: IJLRA13564Approved ISSN: 2582-6433 | Country: Delhi, India

About Journal

International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.

Creative Commons

Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.