The Central government is preparing to introduce a Bill in Parliament that would make digital arrest scams and AI-generated deepfakes standalone criminal offences, marking a significant shift in India’s cybercrime framework.
The move follows observations by the Supreme Court that existing criminal laws do not specifically define these emerging offences, making investigations and prosecutions more complex.
During a recent hearing, the Centre informed the apex court that the proposed legislation could be introduced in the ongoing Parliament session. If enacted, the law is expected to provide clear legal definitions, prescribe dedicated punishments and strengthen enforcement against two of the fastest-growing forms of technology-enabled crime.
Dedicated Cybercrime Law
India’s legal system has long relied on provisions under the Bharatiya Nyaya Sanhita (BNS), the Information Technology Act and other existing laws to prosecute cyber fraud, impersonation, cheating and identity theft.
However, the rapid evolution of artificial intelligence and digital fraud has exposed gaps in these laws, particularly when dealing with crimes that involve synthetic media or psychological manipulation carried out entirely online.
The issue came before the Supreme Court during hearings concerning the growing menace of digital arrest scams. In the month of November 2025, the Supreme Court had called for stringent action against digital arrest scams after it was informed that Indians had been defrauded of nearly Rs 3,000 crore in such cyber frauds and ruled that all such cases will be investigated by the CBI across states and union territories. Such a situation, thus, creates challenges in investigations and prosecution, particularly as technology evolves faster than legislation.
In this regard, Solicitor General Tushar Mehta also recently indicated that the proposed Bill may be introduced during the ongoing Parliament session. According to reports, the legislation seeks to create standalone offences rather than stretching older provisions to cover crimes that did not exist when those laws were drafted.
The expected central government bill would seek to define digital arrests and AI-generated deepfakes in legal terms, prescribe dedicated penalties and provide investigating agencies with greater clarity while filing charges. Legal experts believe such specificity could improve conviction rates by removing ambiguity about how these offences should be prosecuted.
Digital Arrest Scams
The phrase “digital arrest” has entered public vocabulary only in recent years, yet the scam has already affected thousands of Indians across age groups and professions.
Unlike a genuine arrest, which can only be carried out by authorised law enforcement officers following established legal procedures, a digital arrest is a fraudulent tactic used by cybercriminals. Victims receive phone calls or video calls from individuals posing as police officers, CBI officials, Enforcement Directorate personnel, customs officers or other government authorities. They are falsely accused of crimes such as money laundering, drug trafficking or financial fraud and are threatened with immediate arrest unless they comply with the fraudsters’ instructions.
To make the deception convincing, scammers often display forged identity cards, fabricated legal documents and fake arrest warrants while keeping victims connected on continuous video calls. Many are instructed not to contact family members or lawyers, effectively placing them under psychological confinement. Victims are then coerced into transferring large sums of money into so-called “verification” or “safe” accounts, believing the funds will be returned after the investigation.
Authorities have repeatedly warned that no Indian law enforcement agency conducts arrests or investigations in this manner. Despite extensive awareness campaigns, digital arrest scams continue to grow because they exploit fear, confusion and the perceived authority of government institutions.
The Supreme Court’s observations indicate that although offenders can currently be booked under cheating, criminal intimidation and cyber fraud provisions, the absence of a specific offence titled “digital arrest” can make enforcement less straightforward, especially as criminals adopt increasingly sophisticated techniques.
AI-Generated Deepfakes
Alongside digital arrest scams, the proposed legislation also seeks to address one of the biggest technological challenges of the AI era—deepfakes.
Deepfakes are highly realistic images, videos or audio recordings generated or manipulated using artificial intelligence. They can imitate a person’s face, voice or mannerisms so convincingly that even experienced viewers may struggle to distinguish fabricated content from genuine recordings.
Initially associated with manipulated celebrity videos, deepfakes have evolved into a broader societal concern. They are now capable of influencing elections, damaging reputations, facilitating financial fraud, spreading misinformation and enabling identity theft. AI voice cloning, for instance, has been used to impersonate relatives during emergency calls requesting urgent financial assistance, while fabricated videos have been deployed to spread false narratives during politically sensitive events.
India has witnessed several high-profile incidents involving deepfake technology in recent years, prompting concerns from policymakers, courts and technology experts alike. Although existing laws covering defamation, obscenity, impersonation and identity theft can sometimes be applied, experts have argued that AI-generated synthetic media presents unique evidentiary and technological challenges that require dedicated legal treatment.
The proposed legislation is therefore expected to establish a precise legal definition of deepfakes while prescribing penalties proportionate to the harm caused by their creation or dissemination.
Strengthening Existing Laws
India’s cybercrime laws were drafted during a period when artificial intelligence was still largely confined to research laboratories. Today’s digital landscape is markedly different.
Generative AI tools have become widely accessible, allowing almost anyone with an internet connection to create convincing fake images, cloned voices and realistic videos within minutes. Likewise, organised cybercriminal networks now operate across multiple jurisdictions using encrypted communication platforms, cryptocurrency transactions and advanced social engineering techniques.
While offences such as cheating, forgery, identity theft, extortion and impersonation already exist under Indian law, investigators often need to combine multiple provisions to prosecute a single incident involving AI-generated content or digital arrest fraud. This fragmented approach can complicate investigations and delay prosecutions.
By introducing standalone offences, the government aims to remove legal uncertainty, simplify investigations and ensure that courts have clearer statutory guidance while interpreting these crimes. The proposed legislation is also expected to complement recent amendments to India’s digital governance framework that require online platforms to identify, label and act against AI-generated synthetic content more effectively.
What the Bill entails
Although the complete text of the proposed legislation has not yet been made public, legal observers expect several important changes.
First, investigators would have explicit statutory provisions for registering offences involving digital arrests and AI-generated deepfakes without relying solely on broader cheating or impersonation laws.
Second, dedicated definitions would likely improve coordination between police agencies, cybercrime units and digital forensic laboratories by creating standard legal terminology.
Third, courts would gain greater clarity while interpreting evidence involving synthetic media, AI-generated voice clones and digitally manipulated content.
Finally, clearer legal recognition may also strengthen public awareness. Citizens often struggle to identify emerging forms of cybercrime because existing laws do not explicitly name them. Recognising these offences in legislation sends a strong public message that such acts constitute serious criminal conduct.
The move also aligns with India’s broader strategy to encourage responsible AI innovation while simultaneously protecting individuals from technology-enabled harm. Rather than regulating artificial intelligence itself, the proposed Bill appears focused on criminalising its malicious misuse.
The Logical Indian’s Perspective
Artificial intelligence is transforming healthcare, education, governance and countless other sectors, offering enormous opportunities for innovation and economic growth. However, the same technology can also be exploited to deceive, intimidate and financially exploit unsuspecting people. As cybercriminals become increasingly sophisticated, laws must evolve to provide both clarity and protection.
A dedicated legal framework for digital arrest scams and AI-generated deepfakes could strengthen investigations, improve accountability and reassure citizens that the justice system is keeping pace with technological change. At the same time, legislation alone cannot eliminate cybercrime.
Public awareness, digital literacy, responsible technology development, effective law enforcement and cooperation between governments, technology companies and civil society will remain equally essential.
Protecting people from online deception should not come at the cost of innovation or freedom of expression. The challenge lies in striking a balance that deters malicious actors while preserving the enormous social and economic benefits that artificial intelligence can deliver.
As India prepares for a future increasingly shaped by AI, building trust in the digital ecosystem will require laws that are clear, proportionate and consistently enforced.
Do you think introducing separate criminal offences for digital arrest scams and AI-generated deepfakes will make India’s digital space safer, or should public awareness and stronger cyber policing receive equal priority?
