Ministry of Home Affairs' cyber security awareness arm Cyber Dost, in response to a surge in ‘digital arrest’ scams, issued a public advisory on Saturday, warning citizens against falling prey to such fraudulent schemes. The advisory clarifies that no law enforcement agencies, including the Central Bureau of Investigation (CBI), police, customs, Enforcement Directorate (ED), or judges, conduct arrests over video calls. It emphasized the need for vigilance, highlighting that such scams typically involve platforms like WhatsApp and Skype. “Don't Panic, Stay Alert. CBI/Police/Custom/ED/Judges DO NOT arrest you on video call,” stated the advisory, which featured the logos of popular social media platforms. With these scams on the rise, authorities are urging the public to be cautious and verify any suspicious communications claiming to be from law enforcement agencies.
How does a digital arrest scam work?
Usually, the scam starts with an unsolicited phone call or video call from someone posing as a representative of a government entity, including the police, the CBI, or other law enforcement organisations. These con artists use a range of strategies to instil fear in their targets:
False Accusations: The callers falsely claim that the victim has committed significant crimes such as financial fraud, drug trafficking, or money laundering.
Threat of Arrest: If the victim doesn't comply, the con artists use the threat of an instant arrest to instill a sense of urgency.
Isolation and intimidation: In order to keep things under control, victims are frequently told to spend a lot of time on the video call. This keeps them from asking for assistance or double-checking the information.
Financial Demands: Getting money out of the victim is the ultimate objective. Scammers frequently want early payments for bail, avoid negative publicity, and cover legal fees.
Psychological Manipulation: The fraudsters heighten the victim's emotional state and make them more vulnerable by using techniques like fake sobbing noises for the background or posing as family members.
In reality, these threats are entirely bogus. The intent is to panic the victim into transferring money quickly or divulging sensitive personal and financial information.
"There is absolutely no legal provision, anywhere in the world, that allows for a ‘digital arrest.’ An arrest is a formal legal procedure that requires the physical presence of law enforcement officers and follows strict legal protocols," said Prof Triveni Singh, Retd. IPS officer and chief mentor, Future Crime Research Foundation (FCRF).
Recent cases highlight the severity
Instances of digital arrest scams are becoming increasingly common. Last month, a senior official at the National Buildings Construction Corporation (NBCC) was swindled out of ₹55 lakh.
The victim received a call from scammers posing as enforcement officials and was convinced to pay the hefty sum to avoid a fake arrest. Following an investigation, three individuals were apprehended in connection with the case.
SP Oswal, the 82-year-old Chairman and Managing Director of Vardhman Group, fell victim to an elaborate scam amounting to ₹7 crore. A group of fraudsters, pretending to be high-ranking officials from various government agencies, including Chief Justice of India DY Chandrachud, orchestrated the scheme.
The con artists employed forged documents, a simulated virtual courtroom, and persistent intimidation techniques, leaving Oswal in a state of "digital arrest" for two days.
Woman faces 5-day 'digital arrest', loses ₹46 lakh to fraudsters in Madhya Pradesh.
Telangana Cyber Security Bureau (TGCSB) has arrested two youths who defrauded a person to the tune of Rs 10.61 crore in the name of an investigation by the Enforcement Directorate (ED) and Income Tax (IT) Department, officials said.
What are the Common Pretexts Used by Scammers in Digital Arrest?
Parcel Scam: The victim is informed that a parcel containing illegal items has been intercepted, and they are implicated in the crime.
Involvement of Family Members: The scammers claim that a family member is involved in a crime and needs immediate financial assistance.
Aadhaar or Phone Number Misuse: The victim is accused of using their Aadhaar or phone number for illegal activities.
Tips to avoid falling victim to digital arrest scams:
With scammers employing increasingly sophisticated tactics, it is essential to stay alert and take necessary precautions:
Do not panic: Scammers rely on fear and urgency to coerce victims. Take a moment to assess the situation calmly before responding.
Verify the caller’s identity: If someone claims to be from a law enforcement agency, do not engage over a video call or transfer any money. Ask for their credentials and cross-check with official sources.
Avoid sharing personal information: Never share sensitive personal or financial details over the phone or video call, especially with unknown numbers.
Check the platform: Genuine government agencies will not use platforms like WhatsApp or Skype for kind of official communication or arrests.
Report suspicious calls: If you receive a suspicious call, report it immediately to your local police or the National Cyber Crime Reporting Portal (cybercrime.gov.in).
In today's digital age, cyber law plays a crucial role in regulating online behavior and ensuring the protection of digital rights. Cyber law encompasses a wide range of legal issues, including data protection, privacy, intellectual property, and cybercrime. As technology continues to evolve, the need for robust cyber laws becomes increasingly important to address new challenges and protect individuals and organizations from cyber threats.
If you want to transfer any moveable or immoveable property within blood relation and if you are worried how to get it transferred and you want to save stamp duty for the same then Gift Deed is best option available with you. A gift deed is an agreement between the two parties (donor and donee) for transfer of right/s in the property. The key ingredients to effect the transfer of property by way of gift deed are as under:-
(i) There must be transfer of ownership (ii) The ownership must relate to a property in existence. (iii) The transfer must be without consideration (iv) It must have been made voluntarily (v) The donor must be a competent person (vi) The transferee must accept the gift.
Gift is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Herein the donor is a person who transfers his property and donee is a person who accepts it. Donor has to be a person capable of making a contract. A minor cannot be a donor. However, a minor can be a donee. In such a case, the gift has to be accepted by a guardian on his behalf.
While executing the gift deed the acceptance must be made during the lifetime of the donor and while he is till capable of giving, If the donee dies before acceptance, the gift becomes void. If you want to transfer any immoveable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. For the gift of moveable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery. As the section 17 of registration Act, makes compulsory to register the instruments/documents related to gift of trnasfer of immoveable property, as the unregistred documents can not tranasfer/convey the title of the property in favour of donee and the same will always be under question. When we gift any moveable property, gift deed is not mandatory. The gift deed even if made, may or may not be registered but delivery and acceptance is a must.
As per section 125, of Transfer of Propert Act, 1882 the doner can transfer the property to one or more donees but the same is required to be accepted by all the donees and if any of them has not accepted then it makes the said document void and even will affect the rights of person who already accepted the same. The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor the gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part at the mere well of the donor is void wholly or in part, as the case may be. There must be no consideration in gift. There can be a conditional gift such that the condition is not based on donor’s will or pleasure. The conditional gifts are incomplete until conditions are complied with.
The donor cannot willfully decide to revoke the gift on his own once the gift has been made voluntarily. For instance, if a person A makes a gift of his flat to person B voluntarily and without consideration, he cannot at a later day decide to revoke his gift on a whim. Nevertheless, there are a number of factors to consider here. If the gift has not voluntary and is made under coercion, fraud, undue influence, misinterpretation or mistake, then it does not fall in the definition of gift according to law. When consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused. Therefore, the donor can revoke such a gift at any time. Section 126 lays down two modes of revocation of gift: (i) Revocation by mutual agreement of donor and donee. (ii) Revocation by rescission as in the case of contracts. As the unilateral cancellation is not permissible hence if donee is not agree to cancel the gift deed then in that case doner will have to file a suit in court to seek cancellation of gift deed by court.
A gift deed can be challenged if any of the legal requirements for making a gift transaction valid have not been complied with, like:- (i) Consent was not free (ii) Gift deed not executed and registered as per legal provisions (iii) Parties not competent to contract (iii) Consideration is present (iv) Acceptance not made (v) If the gift is conditional and the condition is not fulfilled, gift deed can be revoked
If any gift is made and the same does not comply the aforesaid conditions as enuerated earlier herein, in that case the gift deed will be always under question. Supppose your father has transfered certain immovable property on the name of your brother or sister duirng his liftime and the same was not in your knowledge at that time and you come to know about the same after his death in that case if your father was old and was suffering from diseases and was under medical observation in that case you can challenge the said gift deed on the aofresaid grounds as the case may be.
In order to challenge the gift deed, the limitation period is 3 years as per Limitation Act and it can be considered from the date of knwoledge. By filling suit for decleration before copetent Civil Court the party who want to challange it can seek declaration that Gift deed should be declared as null and void on the grounds as mentioned in the plaint, but to prove the contentions raised in pleadings of the plaint the burden will be on plaintiff.
So, the gift deed can be challenged if does not fulfil the requisite terms and law of Transfer of property Act, 1882 and Indian Contract Act,1872.
Right to Information (RTI) is an act of the Parliament of India which sets out the rules and procedures regarding citizens right to “information”. It replaced the former Freedom of Information Act, 2002.
The RTI Act engages residents to get Information from any 'Open Authority'. A Public Authority must supply right and complete Information inside the predefined time to any individual looking for information under the RTI Act. An 'Open Authority' is characterized as an expert or body or foundation of self-government set up or established. There are certain information which is exempted from disclosure, as per section 8
(1)-Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen- (a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; (b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; (c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature; (d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; (e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; (f) information received in confidence from foreign government; (g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; (h) information which would impede the process of investigation or apprehension or prosecution of offenders; (i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; (j) information which relates to personal information the disclosure of which has not relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information; Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
(2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with subsection (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.
(3) Subject to the provisions of clauses (a), (c) and (i) of subsection (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section: Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act. Likewise, in one of the case Hon’ble Apex Court has settelled a law on one important issue that whether the Central Information Commissioner (for short ‘the CIC’) acting under the Right to Information Act , 2005 was right in denying information regarding the personal matters pertaining to one persons service career and also denying the details of his assets and liabilities, movable and immovable properties on the ground that the information sought for was qualified to be personal information as defined in clause (j) of Section 8(1) of the RTI Act. While making the application; the applicant sought information in respect of income tax returns of a person and the said information was denied. Aggrieved by the said order, the applicant approached the CIC. The CIC passed the order that the Income Tax return have been rightly held to be personal information exempted from disclosure under clause (j) of Section 8(1) of the RTI Act by the CPIO and the Appellate Authority, and the appellant herein has not been able to establish that a larger public interest would be served by disclosure of this information.
The Apex court held that, “We are in agreement with the CIC and the courts below that the details called for by the petitioner i.e. copies of all memos issued to the third respondent, show cause notices and orders of censure/punishment etc. are qualified to be personal information as defined in clause (j) of Section 8(1) of the RTI Act. The performance of an employee/officer in an organization is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression “personal information”, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which would cause unwarranted invasion of privacy of that individual. Of course, in a given case, if the Central Public Information Officer or the State Public Information Officer of the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information, appropriate orders could be passed but the petitioner cannot claim those details as a matter of right. The details disclosed by a person in his income tax returns are “personal information” which stand exempted from disclosure under clause (j) of Section 8(1) of the RTI Act, unless involves a larger public interest and the Central Public Information Officer or the State Public Information Officer or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information.” Accordingly the Apex Court refused to grant the information by stating that, “The petitioner in the instant case has not made a bonafide public interest in seeking information, the disclosure of such information would cause unwarranted invasion of privacy of the individual under Section 8(1)(j) of the RTI Act.”
In such circumsmtances, it is crystal clear that the inoformation sought under RTI should be precise and in the interest of larger public and not of personal nature. The personal details of a person can not be sought under RTI which can be termed as “personal information” as per Act.
The Section 354 of Indian Penal Code, 1860 is basically divided into four parts i.e. 354A, 354B, 354C, 354D after the Criminal Law (Amendment) Act, 2013 came into force. These section were inserted in the criminal law by the Ministry of Law and Justice in order to strengthen the safety of woman, as the cases of woman related offences were increased in the present decade. The section 354 speaks as under:
Section 354: Assault or criminal force to woman with intent to outrage her modesty —Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
The cases of woman harassment had increased day by day therefore to provide the safe, sound and peaceful environment to woman the Indian government inserted section 354A, 354B, 354C and 354D with the stringent punishment to meet the ends of justice. The Section 354 wherein speaks about assault or criminal force to woman with intent to outrage her modesty. This section constitutes mainly assault and outrage the modesty of woman therefore as per this section these two things are the requisite things to contemplate and attract the present section. The assault means a physical force and the essence of a woman's modesty is her sex.
The act of pulling a woman, removing her saree, coupled with a request for sexual intercourse... would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence.
In such types of offences the culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive. The women were facing harassment at their work place from acquaintances and other known or unknown persons therefore in the year 2013 the amendment came in the criminal law and new sections 354A, 354B, 354C and 354D were inserted to protect and safeguard the woman. The section 354A speaks in respect of physical contact and advances involving unwelcome and explicit sexual overtures, a demand or request for sexual favour, showing pornography against the will, making sexually coloured remarks will be the guilty of the offence of sexual harassment. The section 354B is in respect of the assault or use of criminal force to woman with intent to disrobing or compelling her to be naked. The Section 354C attracts when any man watches or captures the image of a woman when she engaged in a private act in circumstances where she would have usually expectation of not being observed either by the perpetrator or any other person. The Section 354D is in respect of stalking wherein if any man who follows a woman an contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman, monitors the use by a woman of the internet email or any other form of electronic communication. These sections attracts stringent punishment and basic contention of categorising the section 354 was to punish the accused as per the act committed by them and to safeguard the woman by giving free environment but now certain cases are coming wherein the women are using the said section to fulfil their personal vendetta and grudge. The section 354 has now become an instrument to harass the innocent persons as it is very easy to make the allegations upon any one and the FIR get registered against the said person and till the enquiry will be completed by the police authority and final report will be submitted in the court till that time the purpose will be served because in such types of cases to get the bail it will take at least two to three months. In some cases now the peoples are using it as an instrument to fulfil the personal vendetta therefore it is very much necessary to carry out the preliminary enquiry before the registration of FIR against any person.
It is today's necessity that like the cases of 498A some guidelines should be issued in the cases of 354 and preliminary enquiry should be conducted in such types of cases, thereafter the FIR should be registered so that the present section should not be used as an instrument to fulfil the personal grudge, therefore it is very much necessary that some directions and guidelines be issued to prevent the miscarriage of justice.
The big controversy which is going on between us that is the necessity or abolition of capital punishment. The Capital punishment, death penalty or execution is punishment by death. The sentence that someone be punished in this manner is a death sentence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally 'regarding the head'. The Capital punishment is used to be considered as a harsh punishment and should be awarded for the heinous crimes or in rarest of rare cases. This punishment is awarded to the criminals since ancient times and we can see several examples of it from the history therefore this is not a new for us but nowdays a debate is going on this issue whether it is required to be abolished from India. There are total 36 countries which actively practice capital punishment, 103 countries have completely abolished it for all crimes, 6 have abolished it for ordinary crimes only (while maintaining it for special circumstances such as war crimes), and 50 have abolished it de facto (have not used it for at least ten years and/or are under moratorium).
All the countries in the world near about prohibit the execution of individuals who were under the age of 18 at the time of their crimes; since 2009, only Iran, Saudi Arabia, and Sudan have carried out such executions. Executions of this kind are prohibited under international law. Capital punishment is a matter of active controversy in various countries and states and nowdays it has become issue of controversy in India when the capital punishment is awarded to Yakub Menon and the same is confirmed by the Apex Court. The Political parties has now raised the issue such types of punishment is required to be abolished and some changes is required in the law. Now these political parties for their vote bank were against the said punishment which was awarded to Yakub Menon after giving due opportunity and following all the norms for the same. There is no doubt that the some changes are required to be carried out in the law of our country for quick justice hence recommendation is required to be called by the law ministry so that the lengthy and time consuming court procedures should be abolished looking towards the new technology and growth in the number of crimes. The new technology is required to be adopted by the investigating agency to solve the crimes and the investigating officers which are appointed they should posses requisite qualification for the same then only number of crimes will be decreases otherwise it is increasing day to day.
In most of the countries the practice of capital punishment is reserved for murder, espionage, treason, or as part of military justice. In some countries sexual crimes, such as rape, adultery, incest and sodomy, carry the death penalty, as do religious crimes such as apostasy in Islamic nations (the formal renunciation of the state religion). In many countries that use the death penalty, drug trafficking is also a capital offense. In China, human trafficking and serious cases of corruption are punished by the death penalty. In militaries around the world courts-martial have imposed death sentences for offenses such as cowardice, desertion, insubordination, and mutiny.
In India also there are several offences which attracts capital punishment and the same comes under rarest of rare crimes. Recently the apex court has observed that the cases of extortion is increasing day by day and the same is committed not only by general criminals but also it is committed by the terrorist therefore it is necessity to award the such criminals stringent punishment and such types of harsh observation is made by the apex court while confirming the capital punishment in the matter of section 364-A of Indian Penal Code. The Apex court has confirmed the constitutional validity of the section 364-A when one accused had challenged the constitutional validity of this section wherein he was punished for the offence of extortion and murder. It is observed by the apex court that such types punishment is very much necessary when the offence is connected with the terrorism.
On this issue the controversy is going on in the country from several years and most of the peoples are against the abolition of the capital punishment and some are in its support. The Law Commission is supposed to submit its report in the next week before the apex court and the same copy will be forwarded to law ministry thereafter the discussion on this issue will be carried out in the parliament and as per the recommendations of law commission the changes is supposed to come in the capital punishment in India