Introduction

Digital Arrests are a form of scam that involves the digital restraint of individuals. These restraints can vary from restricting access to the account(s), and digital platforms, to implementing measures to prevent further digital activities or being restrained on video calling or being monitored through video calling. Typically, these scams target vulnerable individuals who are unfamiliar with digital fraud tactics, making them more susceptible to manipulation. These scams often target the victims on allegations of drug trafficking, money laundering, falsified documents, etc. These are serious crimes and these scammers scare the victim into thinking that either their identities were used to commit these crimes or they have committed these crimes. Recently there has been an uptick in the digital fraud scams in India highlighting the growing concerns.

The Legality of Digital Arrests in India

There is no legal provision for law enforcement to conduct ‘arrests’ via video calls or online monitoring. If you receive such calls, it is a clear scam. In fact, recently enacted new criminal laws do not provide for any provision for law enforcement agencies conducting a digital arrest.  The law only provides for service of the summons and the proceedings in an electronic mode. 

The Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 provides for the summons to be served electronically under section 63. The section defines the form of summons. It states that every summons served electronically shall be encrypted and bear the image of the seal of the Court or digital signature. Further, according to section 532 of the BNSS, the trial and proceedings may be held in electronic mode, by use of electronic communication or by the use of audio-video electronic means. 

Modus Operandi

Under digital arrest scams, the scammer makes a connection via video calls (WhatsApp calls, skype, etc) with the victim over their alleged involvement in crimes (financial, drug trafficking, etc) in bogus charges. The victims are intimidated that the arrest will take place soon and till the time the arresting officers do not reach the victim they are to remain on the call and be under digital surveillance and not contact anyone during the ongoing investigation. 

During this period, the scammers start collecting information from the victim to confirm their identity and create an atmosphere in which multiple senior officials are on the victim’s case and they are investigating the case thoroughly. By this time, the victim, scared out of their wits, sits through this arrest and it is then that the scammers posing as law enforcement officials make comments that they can avoid arrest by paying a certain amount of the fines to the accounts that they specify.  This monitoring/ surveillance continues till the time the victim makes the transfers to the accounts provided by the scammers. These are the common manipulation tactics used by scammers in digital arrest fraud.

Recent Cyber Arrest Cases

• Recently a 35-year-old NBCC official was duped of Rs 55 lakh in a 'digital arrest' scam. Posing as customs officials, fraudsters claimed her details were linked to intercepted illegal items and a pending arrest. They kept her on video calls, convincing her to transfer Rs 55 lakh to avoid money laundering charges. After the transfer, the scammers vanished. A police investigation traced the funds to a fake company, leading to the arrest of suspects.
• Another recent case involved a neurologist who was duped Rs 2.81 crores in a ‘digital arrest’ scam. Fraudsters claimed her phone number and Aadhaar was linked to accounts transferring funds to an Individual. Under pressure, she was convinced to undergo “verification” and made multiple transactions over two days. The scammers threatened legal consequences for money laundering if she didn’t comply. Now a police investigation is ongoing, and her immense financial loss highlights the severity of this cybercrime.
• One another case took place where the victim was duped of Rs 7.67 crores in a prolonged ‘digital arrest’ scam over three months. Fraudsters posing as TRAI officials claimed complaints against her phone number and threatened to suspend it, alleging illegal use of another number linked to her Aadhaar. Pressured and manipulated through video calls, the victim was coerced into transferring large sums, even taking an Rs 80 lakh loan. The case is under investigation as authorities pursue the cybercriminals behind the massive fraud.

Best Practices

• Do not panic when you get any calls where sudden unexpected news is shared with you. Scammers thrive on the panic that they create.
• Do not share personal details such as Aadhaar number, PAN number etc with unknown or suspect entities. Be cautious of your personal and financial information such as credit card numbers, OTPs, or any other passwords with anyone.
• If individuals contact, claiming to be government officials, always verify their identities by contacting the entity through the proper channels. 
• Report and block any fraudulent communications that are received and mark them as Spam. This would further inform other users if they see the caller ID being marked as fraud or spam.
• If you have been defrauded then report about the same to the authorities so that action can be taken and authorities can arrest the fraudsters. 
• Do not transfer any money as part of ‘fines’ or ‘dues’ to the accounts that these calls or messages link to. 
• In case of any threat, issue or discrepancy, file a complaint at cybercrime.gov.in or helpline number 1930. You can also seek assistance from the CyberPeace helpline at +91 9570000066.

References: 

• https://www.cyberpeace.org/resources/blogs/digital-arrest-fraud 
• https://www.business-standard.com/india-news/what-is-digital-house-arrest-find-out-how-to-avoid-this-new-scam-124052400799_1.html
• https://www.the420.in/ias-ips-officers-major-generals-doctors-and-professors-fall-victim-to-digital-arrest-losing-crores-stay-alert-read-5-real-cases-inside/
• https://indianexpress.com/article/cities/delhi/senior-nbcc-official-duped-in-case-of-digital-arrest-3-arrested-delhi-police-9588418/#:~:text=Of%20the%20duped%20amount%2C%20Rs,a%20Delhi%20police%20officer%20said (case study 1)
• https://timesofindia.indiatimes.com/city/lucknow/lucknow-sgpgims-professor-duped-of-rs-2-81-crore-in-digital-arrest-scam/articleshow/112521530.cms (case study 2)
• https://timesofindia.indiatimes.com/city/jaipur/bits-prof-duped-of-7-67cr-cops-want-cbi-probe-in-case/articleshow/109514200.cms (case study 3)

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Executive Summary:

A widely used news on social media is that a 3D model of Chanakya, supposedly made by Magadha DS University matches with MS Dhoni. However, fact-checking reveals that it is a 3D model of MS Dhoni not Chanakya. This MS Dhoni-3D model was created by artist Ankur Khatri and Magadha DS University does not appear to exist in the World. Khatri uploaded the model on ArtStation, calling it an MS Dhoni similarity study.

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Claims:

The image being shared is claimed to be a 3D rendering of the ancient philosopher Chanakya created by Magadha DS University. However, people are noticing a striking similarity to the Indian cricketer MS Dhoni in the image.

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Fact Check:

After receiving the post, we ran a reverse image search on the image. We landed on a Portfolio of a freelance character model named Ankur Khatri. We found the viral image over there and he gave a headline to the work as “MS Dhoni likeness study”.  We also found some other character models in his portfolio.

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Subsequently, we searched for the mentioned University which was named as Magadha DS University. But found no University with the same name, instead the name is Magadh University and it is located in Bodhgaya, Bihar. We searched the internet for any model, made by Magadh University but found nothing. The next step was to conduct an analysis on the Freelance Character artist profile, where we found that he has a dedicated Instagram channel where he posted a detailed video of his creative process that resulted in the MS Dhoni character model.

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We concluded that the viral image is not a reconstruction of Indian philosopher Chanakya but a reconstruction of Cricketer MS Dhoni created by an artist named Ankur Khatri, not any University named Magadha DS.

Conclusion:

The viral claim that the 3D model is a recreation of the ancient philosopher Chanakya by a university called Magadha DS University is False and Misleading. In reality, the model is a digital artwork of former Indian cricket captain MS Dhoni, created by artist Ankur Khatri. There is no evidence of a Magadha DS University existence. There is a university named Magadh University in Bodh Gaya, Bihar despite its similar name, we found no evidence in the model's creation. Therefore, the claim is debunked, and the image is confirmed to be a depiction of MS Dhoni, not Chanakya.

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Introduction and Brief Analysis

A movie named “The Artifice Girl” portrayed A law enforcement agency developing an AI-based personification of a 12-year-old girl who appears to be exactly like a real person. Believing her to be an actual girl, perpetrators of child sexual exploitation were caught attempting to seek sexual favours. The movie showed how AI aided law enforcement, but the reality is that the emergence of Artificial Intelligence has posed numerous challenges in multiple directions. This example illustrates both the promise and the complexity of using AI in sensitive areas like law enforcement, where technological innovation must be carefully balanced with ethical and legal considerations.

Detection and Protection tools are constantly competing with technologies that generate content, automate grooming and challenge legal boundaries. Such technological advancements have provided enough ground for the proliferation of Child Sexual Exploitation and Abuse Material (CSEAM). Also known as child pornography under Section 2 (da) of Protection of Children from Sexual Offences Act, 2012, it defined it as - “means any visual depiction of sexually explicit conduct involving a child which includes a photograph, video, digital or computer-generated image indistinguishable from an actual child and image created, adapted, or modified, but appears to depict a child.”

Artificial Intelligence is a category of technologies that attempt to shape human thoughts and behaviours using input algorithms and datasets. Two Primary applications can be considered in the context of CSEAM: classifiers and content generators. Classifiers are programs that learn from large data sets, which may be labelled or unlabelled and further classify what is restricted or illegal. Whereas generative AI is also trained on large datasets, it uses that knowledge to create new things. Majority of current AI research related to AI for CSEAM is done by the use of Artificial neural networks (ANNs), a type of AI that can be trained to identify unusual connections between items (classification) and to generate unique combinations of items (e.g., elements of a picture) based on the training data used.

Current Legal Landscape

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The legal Landscape in terms of AI is yet unclear and evolving, with different nations trying to track the evolution of AI and develop laws. However, some laws directly address CSEAM. The International Centre for Missing and Exploited Children (ICMEC) combats Illegal sexual content involving children. They have a “Model Legislation” for setting recommended sanctions/sentencing. According to research performed in 2018, Illegal sexual content involving children is illegal in 118 of the 196 Interpol member states. This figure represents countries that have sufficient legislation in place to meet 4 or 5 of the 5 criteria defined by the ICMEC.

CSEAM in India can be reported on various portals like the ‘National Cyber Crime Reporting Portal’. Online crimes related to children, including CSEAM, can be reported to this portal by visiting cybercrime.gov.in. This portal allows anonymous reporting, automatic FIR registration and tracking of your complaint. ‘I4C Sahyog Portal’ is another platform managed by the Indian Cyber Crime Coordination Centre (I4C). This portal integrates with social media platforms.

The Indian legal front for AI is evolving and CSEAM is well addressed in Indian laws and through judicial pronouncements. The Supreme Court judgement on Alliance and Anr v S Harish and ors is a landmark in this regard. The following principles were highlighted in this judgment.

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• The term “child pornography” should be substituted by “Child Sexual Exploitation and Abuse Material” (CSEAM) and shall not be used for any further judicial proceeding, order, or judgment. Also, parliament should amend the same in POCSO and instead, the term CSEAM should be endorsed.
• Parliament to consider amending Section 15 (1) of POCSO to make it more convenient for the general public to report by way of an online portal.
• Implementing sex education programs to give young people a clear understanding of consent and the consequences of exploitation. To help prevent Problematic sexual behaviour (PSB), schools should teach students about consent, healthy relationships and appropriate behaviour.
• Support services to the victims and rehabilitation programs for the offenders are essential.
• Early identification of at-risk individuals and implementation of intervention strategies for youth.

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Distinctive Challenges

According to a report by the National Centre for Missing and Exploited Children (NCMEC), a significant number of reports about child sexual exploitation and abuse material (CSEAM) are linked to perpetrators based outside the country. This highlights major challenges related to jurisdiction and anonymity in addressing such crimes. Since the issue concerns children and considering the cross-border nature of the internet and the emergence of AI, Nations across the globe need to come together to solve this matter. Delays in the extradition procedure and irregular legal processes across the jurisdictions hinder the apprehension of offenders and the delivery of justice to victims.

CyberPeace Recommendations

For effective regulation of AI-generated CSEAM, laws are required to be strengthened for AI developers and trainers to prevent misuse of their tools. AI should be designed with its ethical considerations, ensuring respect for privacy, consent and child rights. There can be a self-regulation mechanism for AI models to recognise and restrict red flags related to CSEAM and indicate grooming or potential abuse.

A distinct Indian CSEAM reporting portal is urgently needed, as cybercrimes are increasing throughout the nation. Depending on the integrated portal may lead to ignorance of AI-based CSEAM cases. This would result in faster response and focused tracking. Since AI-generated content is detectable. The portal should also include an automated AI-content detection system linked directly to law enforcement for swift action.

Furthermore, International cooperation is of utmost importance to win the battle of AI-enabled challenges and to fill the jurisdictional gaps. A united global effort is required. Using a common technology and unified international laws is essential to tackle AI-driven child sexual exploitation across borders and protect children everywhere. CSEAM is an extremely serious issue. Children are among the most vulnerable to such harmful content. This threat must be addressed without delay, through stronger policies, dedicated reporting mechanisms and swift action to protect children from exploitation.

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References:

• https://www.sciencedirect.com/science/article/pii/S2950193824000433?ref=pdf_download&fr=RR-2&rr=94efffff09e95975
• https://aasc.assam.gov.in/sites/default/files/swf_utility_folder/departments/aasc_webcomindia_org_oi d_4/portlet/level_2/pocso_act.pdf
• https://www.manupatracademy.com/assets/pdf/legalpost/just-rights-for-children-alliance-and-anr-vs-s‍harish-and-ors.pdfhttps://www.icmec.org‍https://www.missingkids.org/theissues/generative-ai

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