Legal Bites July 2025: Key Criminal Law Shifts, Cyber Threat Watch, and Digital Evidence Norms

Introduction: Navigating India's Evolving Legal Landscape in July 2025

As July 2025 unfolds, the Indian legal ecosystem marks exactly one year since the nationwide rollout of the three new criminal laws—the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA). Over the past twelve months, courts in Mumbai, Thane, and across the country have steadily established practical precedents to harmonize these procedural and substantive shifts.

Simultaneously, the surge in technology-driven offences—most notably deceptive "digital arrest" scams and sophisticated AI deepfake fraud—has triggered coordinated regulatory responses from investigative agencies and high courts alike.

In this July 2025 edition of Legal Bites, APS Law breaks down the most critical updates impacting citizens, corporate compliance officers, and litigants across the Mumbai Metropolitan Region (MMR).

Criminal Procedure & Evidence: Lessons After One Year of BNS, BNSS, and BSA

1. Mandatory Forensic Scrutiny Under BNSS

One of the most consequential directives of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 176(3), which mandates the collection of forensic evidence at crime scenes for offences punishable by seven years of imprisonment or more. Over the past year, police stations across Maharashtra, including the Mumbai, Thane, and Mira-Bhayandar Vasai-Virar (MBVV) police commissionerates, have augmented mobile forensic field units.

For defence counsels and accused persons, strict adherence to this provision has become a crucial battleground. Failure by investigating agencies to involve forensic experts or properly maintain videographic chain-of-custody during search and seizure (as stipulated under Section 105 of the BNSS) is increasingly being relied upon to challenge bail rejections and substantiate procedural infirmities.

2. Digital Evidence and Section 63 of the Bharatiya Sakshya Adhiniyam (BSA)

The former Section 65B certificate under the Indian Evidence Act, 1872, has been replaced by Section 63 of the Bharatiya Sakshya Adhiniyam, 2023. Section 63 formalizes the conditions governing the admissibility of electronic records—such as server logs, WhatsApp chats, CCTV footage, and cloud documents.

Key takeaways for litigants:

Specific Certification Format: The certificate under Section 63(4) must be signed by the person in lawful control of the device or an authorized expert.
Primary vs. Secondary Digital Evidence: Courts in Maharashtra are enforcing rigorous verification for secondary digital copies. If original devices are not produced, failing to file an exhaustive, contemporaneous Section 63 certificate at the time of charge-sheet filing can render critical prosecution evidence inadmissible.

Cyber Threat Watch: The "Digital Arrest" Menace and AI Financial Fraud

The Threat Architecture

Throughout mid-2025, law enforcement agencies have observed a sharp spike in "digital arrest" syndicates. In these schemes, cyber fraudsters pose as officials from the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), Narcotics Control Bureau (NCB), or Mumbai Police Crime Branch.

Victims are contacted via WhatsApp or Skype video calls, presented with forged arrest warrants, and falsely informed that their Aadhaar credentials, bank accounts, or couriers have been linked to illicit money laundering or drug trafficking. The perpetrators isolate victims in high-stress video calls ("digital custody") for hours or days, ultimately compelling them to transfer their life savings into "RBI verification accounts" or mule accounts.

The Indian Legal Framework: Applicable Provisions

Despite the terminology, "digital arrest" has no statutory recognition or legality under Indian law. Neither the BNSS nor any central statute empowers police or intelligence agencies to conduct arrests, searches, or formal interrogations over private video calls.

Perpetrators of such scams are liable under multiple statutes:

Information Technology Act, 2000 (IT Act):
- Section 43 & 66: Unauthorized computer access and hacking.
- Section 66C: Identity theft (misappropriating names, digital seals, and credentials of law enforcement).
- Section 66D: Cheating by personation using a computer resource, carrying imprisonment up to three years.
Bharatiya Nyaya Sanhita, 2023 (BNS):
- Section 204: Impersonating a public servant.
- Section 318(4): Cheating and dishonestly inducing delivery of property (formerly Section 420 IPC).
- Section 308: Extortion via threats of injury or prosecution.
- Section 61: Criminal conspiracy.

How Victims in Mumbai, Thane, and Mira Road Can Report Promptly

Time is critical when responding to financial cyber fraud. The golden window to freeze funds transferred to mule accounts is within the first 1 to 2 hours.

Immediate Dialling of 1930: Call the National Cybercrime Helpline (1930) immediately to trigger the Citizen Financial Cyber Fraud Reporting and Management System (CFCFRMS). This initiates immediate administrative account-freeze alerts across member banking networks.
Lodge an Online Complaint: File a detailed report on the official portal (cybercrime.gov.in), uploading transaction UTR numbers, call screenshots, and phone numbers.
Approach the Dedicated Cyber Cells:
- Mumbai Residents: Report directly to the specialized regional cyber police stations (e.g., BKC Cyber Crime Police Station, South Region Cyber Cell at Worli, or North Region Cyber Cell at Kandivali).
- Thane Residents: Approach the Thane City Cyber Crime Cell at the Police Commissionerate, Court Naka.
- Mira Road & Bhayandar Residents: File your physical grievance at the MBVV Cyber Police Station at Kashimira.

MahaRERA Regulatory Alert: Strict Disclosures for Ongoing Projects

In property law updates for Maharashtra, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has reinforced directives requiring promoters to upload quarterly financial audit reports (Form 4) and progress reports on their designated web dashboards. Non-compliance has resulted in the suspension of bank withdrawal permissions for defaulting projects across Thane and western suburban belts.

Buyers in pre-launch and under-construction projects are strongly advised to check project registration validity on the MahaRERA portal before remitting advance booking payments.

Frequently Asked Questions (FAQs)

1. Does the police have the authority to place an individual under "digital arrest" via video call?

No. Indian criminal jurisprudence does not permit arrests over telephone or video calls. Under the BNSS, an arrest requires formal procedural compliance, including the preparation of an Arrest Memo (Section 36 BNSS), informing a designated relative or friend, and production before the nearest Judicial Magistrate within 24 hours. Any demand for funds over a call under the threat of arrest is an extortion scam.

2. Can an FIR be registered electronically under the BNSS?

Yes. Under Section 173 of the BNSS, an individual can lodge a Zero FIR or provide information regarding a cognizable offence through electronic communication. However, to convert an e-complaint into a formal FIR, the informant must sign the formal record within three days at the concerned police station.

3. How does Section 63 of the BSA impact WhatsApp chat evidence in civil and criminal litigation?

WhatsApp chats and electronic messages must be accompanied by a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023. The certificate must confirm that the computing device operated properly and that no unauthorized tampering altered the record during transmission or storage.

4. What immediate legal remedy exists if bank accounts are frozen pursuant to a cyber complaint?

If your legitimate bank account is frozen due to suspected association with a fraudulent transaction chain (a common side effect of mule account crackdowns), you can file an application under Section 503 of the BNSS before the jurisdictional Magistrate seeking de-freezing of the account upon furnishing appropriate bonds or explaining genuine commercial transactions.

Need Legal Assistance?

Whether you are dealing with a complex criminal matter under the BNS, navigating the admissibility of electronic evidence, or seeking legal recourse against digital fraud and real estate defaults, APS Law provides diligent counsel tailored to the legal realities of Mumbai, Thane, and Mira Road.

Contact APS Law today to schedule an initial legal consultation.