Why in news?

Highlighting the need for global collaboration to tackle cybercrime, the Supreme Court asked the Centre to clarify whether India has ratified the UN Convention against Cybercrime.

During a hearing on a suo motu case related to a ‘digital arrest’ scam, Justice Joymalya Bagchi questioned Solicitor General Tushar Mehta on India’s status regarding the treaty, stressing its importance in addressing rising online frauds.

What’s in Today’s Article?

• Digital Arrest Scam
• United Nations Convention against Cybercrime
• SC on Digital Arrest Scams

Digital Arrest Scam

• A digital arrest scam is a sophisticated cyber fraud in which criminals impersonate law enforcement agencies to intimidate victims into believing they are under “virtual arrest”.
• Scammers typically pose as officers from the police, CBI, ED, or even courts, using forged documents, spoofed phone numbers, or video calls to create a sense of urgency and fear.
• Victims are falsely accused of crimes such as money laundering, violating cyber laws, or involvement in illegal parcels.
• They are then coerced into staying on video call “under surveillance” and pressured to transfer money to supposedly secure or investigative accounts.
• Elderly individuals and professionals are frequent targets.

United Nations Convention against Cybercrime

• Adopted by the UN General Assembly in December 2024, the Convention is the world’s first comprehensive global treaty on cybercrime.
• It establishes a unified framework for countries to prevent, investigate, and combat a wide range of cyber offences.
• It recognises that criminals exploit ICT systems across borders—hacking networks, stealing data, committing financial fraud, and engaging in online child exploitation—while law enforcement remains limited by jurisdictional boundaries.
• A key objective of the treaty is to enhance international cooperation, especially in the sharing of electronic evidence across borders for cybercrimes and other serious offences.
• The Treaty Structure
  • It consists of a Preamble and nine chapters, covering General Provisions, Criminalization, Jurisdiction, Procedural Measures, International Cooperation, Preventive Measures, Technical Assistance, Implementation, and Final Provisions.
• Major Provisions
  • The Convention requires states to criminalise core cyber offences—illegal access, data interference, system interference, online fraud, forgery, child sexual abuse material, grooming, and non-consensual intimate image sharing.
  • It obligates countries to align domestic laws and cooperate through extradition, mutual legal assistance, and 24/7 contact points for quick evidence preservation.
  • It also empowers authorities to secure electronic evidence through expedited preservation, search and seizure, production orders, and interception, while respecting human rights.
• Implementation
  • A Conference of States Parties will monitor compliance, review progress, and adopt future protocols.
  • The treaty was opened for signature in October 2025 and will become binding once 40 states ratify it.
  • The United Nations Office on Drugs and Crime serves as the secretariat to the Ad Hoc Committee and to the future Conference of the States Parties.

SC on Digital Arrest Scams

• Emphasising global cooperation in fighting cybercrime, the Supreme Court asked the Centre to consider ratifying the UN Convention against Cybercrime.
• SC Judge noted that without worldwide coordination, India cannot effectively trace money trails in cyber frauds.
• The Solicitor General informed the Court that India has not yet ratified the treaty.
• Bench Passes Extraordinary Order in Digital Arrest Case
  • In a rare move, the Court directed that the accused in a ‘digital arrest’ fraud—where a 72-year-old lawyer lost ₹3.29 crore—must not be granted bail until the investigation is completed.
  • The order came after concerns that the accused might be released as the 90-day chargesheet deadline nears.
  • Justice Kant remarked that the situation may require unusual orders.
• Court Takes Suo Motu Cognisance of Growing Digital Arrest Scams
  • Acting on a complaint from an elderly couple in Ambala who were defrauded of ₹1.05 crore, the SC had earlier sought responses from the MHA and CBI.
  • The scammers allegedly used forged orders of the SC, Bombay HC, and ED to intimidate victims.
• Proposal to Transfer All Digital Arrest Cases to CBI
  • Concerned by the sharp rise in cyber fraud, the Supreme Court proposed moving all digital arrest cases nationwide to the CBI, asking states to submit case details.
  • The Supreme Court Advocate-on-Record Association (SCAORA) has also sought to join proceedings to assist the court.