Why in News?
The Supreme Court asked the Centre to decide on ratifying the UN Convention against Cybercrime while hearing a digital arrest scam case, issuing strict no-bail orders and proposing CBI takeover of such cases nationwide.
Description:
What is a Digital Arrest Scam?
A digital arrest scam is a cyber-fraud technique where criminals impersonate law-enforcement agencies and falsely convince victims that they are under a “virtual arrest”.
UN Convention Against Cybercrime:
● Adopted: December 2024 (UN General Assembly)
● Opened for Signature: October 2025
● Becomes Binding: After ratification by 40 states (Currently India has not ratified.)
Purpose of the Treaty
The world’s first global, comprehensive treaty on cybercrime.
Creates a unified legal framework for countries to:
- Prevent cybercrime
- Investigate and prosecute offenders
- Cooperate internationally
- Share electronic evidence across borders
- Handle crimes where criminals exploit ICT systems across jurisdictions
Major Provisions:
Treaty requires countries to criminalise: Illegal access, System/data interference, Online fraud & forgery, Child sexual abuse material, Online grooming, Non-consensual intimate image sharing.
It mandates:
- Extradition
- Mutual legal assistance
- 24/7 contact points for quick evidence preservation
- Procedural powers like expedited preservation, search & seizure, production orders
- Respect for human rights and due process
Treaty Structure:
Contains Preamble + Nine Chapters, covering: General provisions, Criminalization, Jurisdiction, Procedural measures, International cooperation, Preventive measures, Technical assistance, Implementation, Final provisions.
Implementation Mechanism:
- A Conference of States Parties will monitor treaty compliance.
- UNODC acts as Secretariat.
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