Centre Likely to Introduce Bill Making Digital Arrest, AI Deepfakes Separate Offences
NEW DELHI: The government on Tuesday indicated that it may introduce a bill in the ongoing parliamentary session to classify digital arrest and AI-generated deepfakes as distinct offences. This follows the Supreme Court's observation that existing penal laws do not define these crimes.
Solicitor General Tushar Mehta informed a bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana that the proposed law would specifically define digital arrest and AI-generated deepfakes as separate offences with consequential punishments.
During suo motu proceedings on curbing the menace of digital arrest, the bench questioned whether current penal laws adequately cover such offences. “You (government) may need to formally define the case of digital arrest in penal laws,” the bench told Attorney General R. Venkataramani.
The court noted that digital arrest involves elements of extortion, robbery, and organised crime. It asked whether this should be a standalone offence with stringent consequences, such as freezing the assets of accused persons.
Justice Bagchi remarked that crafting a law to address digital scams is a task that only the government can undertake. “We now have deepfakes which can be used for misleading people or for cheating and impersonation. Using our exclusive powers under Article 142 of the Constitution, we can neither define a crime nor create a new offence,” he said.
Solicitor General Mehta stated that he has been consulted by the government and that a relevant bill is likely to be introduced in the current session of Parliament. Attorney General Venkataramani added that coordinated actions facilitated by an inter-departmental committee have led to a drastic fall in digital arrest incidents. The committee is finalising a comprehensive report to identify systemic gaps and propose remedial measures.
The Supreme Court had earlier taken suo motu cognizance of the rising number of digital arrest cases, particularly targeting retired individuals and robbing them of their life savings. It tasked the CBI with investigating incidents reported nationwide.
Appearing for WhatsApp, senior advocate Kapil Sibal informed the court that the social media platform is coordinating with the government to prevent misuse of the platform for criminal activities.
