ED clarifies: No such thing as ‘digital arrest’ under PMLA

New Delhi: The Enforcement Directorate (ED) on Wednesday clarified that there is no provision for “digital” or “online” arrests under Indian law, responding to the growing number of cyber fraud cases where scammers pose as ED officials to extort money.

“There is no concept of digital arrest or online arrest under the Prevention of Money Laundering Act, 2002,” the agency said in an official statement. “Arrests made by the ED are done after following due procedure and are conducted physically in person.”

The agency said it was reiterating this position in view of “multiple instances wherein certain unscrupulous persons have sent fake summons to individuals with the motive of cheating or extortion.” These counterfeit documents, it added, often mimic genuine ED summons, making it difficult for people to tell the difference.

The ED, which also enforces the Foreign Exchange Management Act (FEMA), clarified that FEMA is a civil law and “does not contain provisions for arrest.”

To address the rise in fraudulent communications, the agency has introduced a verification system for all its official summons.

“Every summons generated through the system bears a QR code and a unique passcode at the bottom of the document,” the statement noted. This system, the ED said, ensures authenticity and transparency in its communication process.

Officials have been instructed to issue summons exclusively through this system, except under exceptional circumstances. “The summons generated shall be duly signed and stamped by the issuing officer and will include their official email ID and contact number for correspondence,” the agency said.

Individuals can verify the legitimacy of summons received from the ED by visiting its official website — https://enforcementdirectorate.gov.in — 24 hours after the date of issue, excluding weekends and public holidays.

For documents not generated through the official system, recipients have been advised to reach out to Assistant Director Rahul Verma at the agency’s headquarters, A Block, Pravartan Bhawan, APJ Abdul Kalam Road, New Delhi. He can also be contacted via email at [email protected] or on the landline number 011-23339172.

The ED had previously cautioned the public about fake summons and online frauds, but officials said the latest alert was issued after noticing a surge in such deceptive practices targeting unsuspecting citizens.