Digital Arrest Scam Call — What to Do When Fake Cybercrime Police Threaten You Over the Phone

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Around late February 2025, a research consultant based in Nagpur received an unexpected call on his personal mobile number. The caller identified himself as a senior officer from the Cybercrime Unit, Nagpur, and claimed that the client, Rohan Gupta, had been detected accessing illegal online content. Aggressive from the first minute. He threatened immediate arrest and said that a "digital detention warrant" had already been issued — a term that has no legal existence anywhere in Indian law.

Rohan works with a biomedical research organisation affiliated with a Pune-based institution. He kept his composure, asked the caller for his badge number and the FIR registration details. The caller fumbled, turned abusive, and disconnected. Rohan was shaken enough to seek legal advice, and he'd initially spoken with a general civil lawyer who had little exposure to cybercrime matters. That conversation left him more confused than reassured.

He then approached Advocate Sudhir Rao. The approach changed immediately. The matter was assessed for what it actually was: a targeted extortion attempt using impersonation of law enforcement, an offence squarely covered under the Bharatiya Nyaya Sanhita. A formal complaint was drafted for the Cyber Cell and the National Cyber Crime Reporting Portal. Rohan was guided on what to say if contacted again, what not to share, and how to document every incoming threat. The scam attempt was reported and the matter was brought to a definitive close. The experience showed clearly how domain-specific handling of cyber-fraud cases can make a significant difference to both the outcome and the client's peace of mind.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Do not engage or pay: Never transfer money, share OTPs, or provide Aadhaar or bank details to any caller claiming to be from a government agency. No legitimate police officer in India conducts arrests over a phone call or a video call. Full stop.

Document everything immediately: Screenshot the call log, save the number, note the exact time and content of the conversation. If the call was recorded, preserve that file without editing it in any way.

Report without delay: File a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in) and at your nearest Cyber Cell. Cases involving impersonation of public servants carry serious criminal consequences for the caller.

And here's the thing — this category of case sits at the intersection of cybercrime law, extortion provisions under the BNS, and IT Act provisions. Procedural and evidentiary nuances, such as how digital call logs are preserved, how IP tracing requests are made, and how complaints are structured to attract the right sections, are often missed by practitioners who don't regularly handle cyber-fraud matters.

Applicable Sections of Law

• Section 308 BNS (Extortion): Putting a person in fear of injury or disrepute to dishonestly induce delivery of property or compliance — directly applicable when callers threaten arrest to extract money.
• Section 319 BNS (Cheating by impersonation): Covers persons who fraudulently represent themselves as government officers, including police, to deceive victims.
• Section 351 BNS (Criminal intimidation): Threatening a person with injury to cause alarm, even over a telephone call, is covered here.
• Section 66C and Section 66D, Information Technology Act, 2000: Punishment for identity theft and cheating by personation using computer resources — both highly relevant in digital arrest scam scenarios.

Punishment and Penalties

Frankly, the penalties are substantial. Don't let anyone tell you these are minor offences.

• Section 308 BNS (Extortion): Imprisonment up to three years, or fine, or both. If the threat involves fear of death or grievous hurt, punishment extends to ten years with fine.
• Section 319 BNS (Cheating by impersonation): Imprisonment up to three years, or fine, or both.
• Section 351 BNS (Criminal intimidation): Imprisonment up to two years, or fine, or both.
• Section 66D IT Act: Imprisonment up to three years and fine up to one lakh rupees.
• Offences under Section 308 and Section 319 BNS are cognizable and non-bailable. They are generally non-compoundable without court permission.

Jurisdiction — Where to File the Case

For cybercrime-related extortion and impersonation, the complaint is filed at the Cyber Cell of the police station that has territorial jurisdiction over the area where the victim received the call or suffered the threat. Simultaneously, the matter is reported on the National Cyber Crime Reporting Portal. If the perpetrator is located in a different city, investigation can be transferred or coordinated between jurisdictions under BNSS provisions. The Magistrate having jurisdiction over the victim's area can also take cognizance of the offence under Section 175 BNSS if police fail to act. Now, before you act, choosing the right jurisdictional forum early on prevents procedural delays that can stretch an already frustrating process by months.

What if Police Refuse to File FIR?

It happens. More often than it should. Here's what you do.

• Submit a written complaint to the Superintendent of Police (SP) of your district under Section 173(4) BNSS, who is empowered to direct registration of the FIR.
• File a private complaint directly before the Judicial Magistrate of the First Class under Section 175(3) BNSS. The Magistrate can direct the police to investigate.
• Approach the High Court under Article 226 of the Constitution by filing a writ petition seeking directions to register the FIR, where both the above steps have failed.
• Keep written records of every attempt to report — dated letters, email acknowledgements, and portal complaint reference numbers all strengthen your position before the court.

Rights of the Accused

And here's the thing — even if you genuinely become an accused in any related proceedings (which is unlikely for a victim), you have firm legal rights:

• Right against self-incrimination under Article 20(3) of the Constitution. You cannot be compelled to be a witness against yourself.
• Right to legal representation under Article 22 of the Constitution. You are entitled to consult and be defended by a lawyer of your choice from the moment of arrest.
• Right to be produced before a Magistrate within 24 hours of arrest, as guaranteed under Article 22(2) and Section 58 BNSS.
• Right to know the grounds of arrest and to receive a copy of the FIR under Section 173(2) BNSS.
• Right to remain silent during interrogation — as affirmed in Nandini Satpathy v. P.L. Dani, 1978.

Bail Provisions

• Offences under Section 308 BNS (extortion) are non-bailable. Regular bail must be sought before the Magistrate or Sessions Court under Section 480 / 483 BNSS.
• If there is an apprehension of arrest before it occurs, anticipatory bail under Section 482 BNSS can be sought before the Sessions Court or High Court.
• Typical bail conditions include surrender of passport, periodic reporting to the police station, and a bar on contacting the complainant or witnesses.
• In cyber-fraud cases, courts sometimes impose conditions relating to surrender of electronic devices or restrictions on accessing certain platforms during trial.
• Bail strategy in such cases depends heavily on the accused's prior record and the stage of investigation — early engagement of counsel makes a material difference.

Quashing of FIR / Case

Under Section 528 BNSS, the High Court has inherent powers to quash an FIR or criminal proceedings where no prima facie offence is made out, or where the proceedings amount to an abuse of the court's process. In cases where the victim has been falsely roped in, for example where a real person's name was used by a scammer, quashing becomes a viable and necessary remedy. Grounds include: absence of any offence in the FIR on its face, settlement between the parties in compoundable offences, and mala fide or motivated filing. As held in State of Haryana v. Bhajan Lal, 1992, the High Court's power under this provision must be exercised sparingly but firmly in deserving cases.

If You Are the Victim

Disconnect first. Ask questions later.

• Disconnect the call immediately. Do not engage, argue, or disclose any personal or financial information to the caller.
• Screenshot the incoming call log and note every detail — time, number displayed, what was said, and any WhatsApp or email contact that followed.
• File a complaint at cybercrime.gov.in (National Cyber Crime Reporting Portal) and obtain your reference number as proof of reporting.
• Visit your nearest Cyber Cell or police station in person with a written complaint and request registration of an FIR under the applicable BNS sections.
• Warn family members, particularly teenagers and elderly relatives, about this scam format so they are not caught off guard by a similar call.

Documents You Must Keep Ready

• Aadhaar card and PAN card (identity proof for complaint registration)
• Screenshot of the incoming call log showing the date, time, and caller's number
• Call recording, if available, saved in its original unedited format
• Any WhatsApp messages, emails, or links sent by the scammer
• Written note of the conversation made immediately after the call
• Bank statements showing any transaction, if money was transferred under duress
• National Cyber Crime Reporting Portal complaint reference number
• Any earlier police complaint acknowledgement or diary entry number

What Evidence Is Required?

• Call Detail Records (CDR): Primary evidence linking the fraudster's number to the victim. Obtained from the telecom service provider through a police request.
• Call recording: If recorded by the victim, constitutes strong secondary evidence subject to authentication under the Bharatiya Sakshya Adhiniyam, 2023.
• Screenshots of messages: WhatsApp or SMS threats are admissible as electronic records under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023.
• IP address logs: Where the scammer used internet calls (VoIP), server logs can trace the origin of the call.
• Victim's written statement: A detailed, dated, signed narration of events filed with the complaint is primary evidence.
• Bank transaction records: If money was paid, NEFT / UPI transfer records directly establish the extortion chain.

How the Police Behave in Such Cases

Cyber Cell units in major Indian cities have become more responsive to digital arrest scam complaints over the past two years, partly due to RBI and Ministry of Home Affairs advisories. But the reality is mixed. Some stations still treat phone-call threats as minor matters not deserving immediate FIR registration, and investigators may ask for extensive documentation before acting. Follow-up visits are often necessary. Make no mistake, persistence matters here. Cases where the victim transferred money tend to receive faster police attention than cases where the victim resisted. Documenting your complaint at the portal creates a paper trail that strengthens any subsequent approach to senior officers or the Magistrate.

Timeline of Legal Process

• Day 1-3: File complaint on National Cyber Crime Reporting Portal and at the local Cyber Cell.
• Week 1-2: Follow up for FIR registration. If refused, approach SP under Section 173(4) BNSS.
• Week 2-4: Investigation begins — CDR collection, call tracing, IP address queries to telecom and internet service providers.
• Month 1-3: Chargesheet filed if accused is identified and arrested, under Section 193 BNSS (within 60 or 90 days depending on custody status).
• Month 3-6: Cognizance taken by Magistrate, charges framed.
• Month 6-18: Trial stage — examination of witnesses, cross-examination, documentary evidence.
• Month 18-24+: Arguments, judgment, and if necessary, appeal before Sessions Court or High Court.

How Long Will the Investigation Take?

In most digital arrest scam cases, the initial investigation, tracing the number, requesting CDRs, identifying the SIM card owner, takes between four and twelve weeks. Where the accused used a VoIP service or a proxy SIM, tracing can take longer and may require coordination with telecom regulators. If the accused is identified and arrested, chargesheet must be filed within 60 days under Section 193 BNSS. Cases where no arrest is made can see investigation dragging beyond six months without proactive follow-up by the complainant and counsel. Frankly, without a lawyer pushing from the front, these files tend to go cold.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.