Quick answer: There is no "digital arrest" in Indian law – no officer arrests anyone over a video call. In its case on digital arrest scams, the Supreme Court has said the Reserve Bank of India's (RBI's) new rules must make banks compensate victims – at least the amount lost – where the fraud happened because the bank failed in due diligence. On 10 November 2026 it also asked WhatsApp and other platforms how they will stop these scams. The next hearing is on 23 November 2026.
What happened
The Supreme Court is hearing a case it started on its own (suo motu), In Re: Victims of Digital Arrest Related to Forged Documents, before a bench headed by Chief Justice of India Surya Kant.
According to reports of the latest orders (LiveLaw, 10 November 2026; SCC Online, 12 November 2026):
- Banks must compensate where they failed. The court said RBI's proposed rules must require financial institutions to indemnify victims of digital arrest scams and other cyber frauds and pay compensation "not less than the amount lost by the customer", where it is established that the fraud happened because the institution failed to exercise due diligence in preventing or reporting it.
- Safeguards. The court listed preventive steps it expects, such as temporarily holding unusual or suspicious transactions that don't match the account's past history, and automatic reporting of suspicious activity.
- New RBI KYC rules. The court said it would first look at RBI's proposed Know Your Customer (KYC) Amendment Directions, 2026. As reported, the order records that RBI plans to notify them by 30 November and bring them into force by 31 December 2026.
- WhatsApp and other platforms. WhatsApp LLC and other intermediaries (online platforms that carry other people's messages) must tell the court what they propose to do to prevent digital arrest scams, and send the same proposals to the Indian Cyber Crime Coordination Centre (I4C). Senior Advocate Kapil Sibal, for WhatsApp, reportedly told the court the platform had acted against 9,400 accounts.
- Before the next hearing. RBI must list all authorised financial institutions; police in every state and UT must report on digital arrest FIRs.
What is a "digital arrest" scam?
A caller, often on video, poses as police, CBI, ED, customs or a court. They claim a parcel in your name had drugs or your Aadhaar was used for money laundering, show fake documents, and say you are under "digital arrest": stay on camera, tell no one, and transfer your money to a "verification" account.
What the law says
Arrest is a physical act. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), an arrested person is taken into custody and must be produced before a magistrate within 24 hours (see when the 24-hour clock starts). No law allows an "arrest" over a video call, or payment to avoid one. The I4C, under the Ministry of Home Affairs, has publicly advised that the CBI, police, customs, ED and judges do not arrest people through video calls.
It is a crime by the caller. Depending on the facts, digital arrest scams can fall under:
| Law | What it covers |
|---|---|
| Section 318, Bharatiya Nyaya Sanhita, 2023 (BNS) | Cheating |
| Section 319, BNS | Cheating by personation (pretending to be someone else) |
| Section 204, BNS | Pretending to be a public servant |
| Section 308, BNS | Extortion (getting money by putting someone in fear) |
| Section 66D, Information Technology Act, 2000 | Cheating by personation using a computer resource or phone |
Your bank's existing duty. RBI's 2017 rules on limiting the liability of customers in unauthorised electronic banking transactions already give zero liability for some frauds reported within three working days. But in a digital arrest scam the victim is usually pressured into making the transfers personally, and banks often treat such payments as authorised. That is why the court's focus on the bank's own due diligence – did it ignore an obviously unusual transfer? – matters for victims.
What can happen next
- 23 November 2026: the next hearing, with RBI's list, the platforms' proposals and the states' FIR reports.
- RBI's KYC directions: once notified, the exact rules on bank liability will be in RBI's text – check it before relying on any summary. The case is pending and final directions are not yet out.
If you get a "digital arrest" call – or have already paid
- Hang up. Don't share OTPs, bank details or Aadhaar, and don't pay anything.
- Call 1930 (national cyber crime helpline) at once, or report at cybercrime.gov.in. Speed matters – the sooner it is reported, the better the chance of freezing the money.
- Tell your bank immediately in writing (email or the bank's app) and keep the complaint reference number.
- File an FIR at the police station or cyber police station, with screenshots, call numbers and transaction details.
- Escalate if the bank doesn't help. If the bank rejects your complaint or doesn't reply within 30 days, you can complain to the RBI Ombudsman at cms.rbi.org.in.
What it means for ordinary people
For victims, the court's message is that a bank that failed to spot or stop a clearly suspicious transaction may not be able to simply say "you made the transfer yourself". The details will depend on RBI's final rules. For everyone else: there is no digital arrest – hang up and call 1930.
Sources
- Supreme Court, In Re: Victims of Digital Arrest Related to Forged Documents (suo motu), orders as reported by LiveLaw (10 November 2026) and SCC Online (12 November 2026)
- Indian Cyber Crime Coordination Centre (I4C), Ministry of Home Affairs – public advisory on digital arrest, as reported by PTI
- PIB, Ministry of Home Affairs: "Steps taken to address the issue of digital arrest scams" (12 March 2025)
- RBI circular "Customer Protection – Limiting Liability of Customers in Unauthorised Electronic Banking Transactions" (6 July 2017)
- Bharatiya Nyaya Sanhita, 2023, Sections 204, 308, 318 and 319; Information Technology Act, 2000, Section 66D
Related: Fake legal notice? How to spot one from a loan app or scammer
How Nevo can help
If you have lost money to a cyber fraud, you can get help with a cyber crime complaint through Nevo Legal. A lawyer can help with the complaint and follow-up with the bank and police.
This article is general information, not legal advice. For advice on your situation, speak to an expert.
