In today’s digital world, personal information such as Aadhaar details, PAN numbers, passwords, bank information, mobile numbers and social media credentials can be misused by criminals. When someone unlawfully uses another person’s identifying information to impersonate them, commit fraud or gain an advantage, it may amount to identity theft.
This article explains identity theft in India, applicable laws, punishment, common examples and how victims can file a cybercrime complaint.
What Is Identity Theft?
Identity theft occurs when a person’s personal or identifying information is obtained and used without lawful authority, often to commit fraud or impersonation.
Examples may include:
- Using someone else’s Aadhaar or PAN details fraudulently
- Creating a fake social media profile
- Using another person’s bank or payment credentials
- Stealing passwords or login information
- Obtaining a SIM card using another person’s identity
- Using stolen personal information to obtain loans or financial services
- Impersonating someone online to deceive others
Identity theft can cause financial loss, reputational harm and difficulties for the victim if the stolen identity is used to commit further offences.
Identity Theft Laws in India
Identity theft can attract provisions under both the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 (BNS), depending on the circumstances.
Section 66C of the Information Technology Act
Section 66C of the Information Technology Act deals specifically with identity theft. It applies where a person fraudulently or dishonestly makes use of another person’s electronic signature, password or other unique identification feature.
The offence is punishable with imprisonment of up to three years and a fine of up to ₹1 lakh. The exact application depends on the facts and evidence of the case.
Cheating and Personation Under the BNS
Identity theft may also involve cheating or cheating by personation.
Section 318 of the BNS deals with cheating. It covers situations where deception dishonestly or fraudulently causes a person to deliver property or causes damage or harm. Depending on the circumstances, punishment can extend to seven years’ imprisonment and fine where cheating dishonestly induces delivery of property.
Section 319 of the BNS deals with cheating by personation. A person who cheats by pretending to be another person can face imprisonment of up to five years, a fine, or both.
Other offences may also apply depending on whether the identity theft involved forgery, financial fraud, unauthorised access, intimidation or other criminal conduct.
Common Identity Theft Scams in India
1. Fake KYC Scams
Criminals may pretend to be bank or telecom representatives and request personal documents or verification details.
2. Loan Fraud
Stolen identity documents may be misused to apply for loans or financial products in another person’s name.
3. Social Media Impersonation
A criminal may create a fake profile using another person’s name and photographs to deceive friends, relatives or the public.
4. SIM or Mobile Number Fraud
Personal information can potentially be misused to obtain or take control of telecommunications services.
5. Banking and UPI Fraud
Stolen credentials or personal information may be used to gain unauthorised access or conduct fraudulent transactions.
What Should You Do If Your Identity Is Stolen?
Act quickly if you suspect identity theft.
Step 1: Secure Your Accounts
Change compromised passwords immediately and enable two-factor authentication wherever available.
If banking information has been compromised, contact your bank through its official channels and report the suspected fraud.
Step 2: Preserve Evidence
Keep copies of:
- Suspicious emails and messages
- Screenshots
- Transaction details
- Phone numbers
- Email addresses
- Fake social media profiles
- Fraudulent documents
- Bank statements
- Relevant URLs
Do not delete evidence that may help investigators.
Step 3: Report Cybercrime Online
You can file a complaint through the National Cyber Crime Reporting Portal at cybercrime.gov.in.
The portal provides options for reporting financial fraud and other cybercrime. The official complaint checklist asks complainants to keep incident details, identification documents and relevant evidence ready. For financial fraud, transaction information such as the bank/wallet name, transaction ID or UTR number, date and fraud amount may be required.
Step 4: Call 1930 for Financial Fraud
If identity theft has resulted in an online financial fraud, report it immediately through the 1930 cybercrime helpline. The National Cyber Crime Reporting Portal specifically provides 1930 for immediate reporting of cyber financial fraud.
Step 5: Approach the Police
Depending on the circumstances, you can also approach the local police station or appropriate cybercrime police unit and provide your complaint reference number and supporting evidence.
How Can You Prevent Identity Theft?
A few precautions can significantly reduce your risk:
- Never share OTPs, passwords or UPI PINs.
- Avoid uploading identity documents to unverified websites.
- Use strong and unique passwords.
- Enable two-factor authentication.
- Check bank and credit-related activity regularly.
- Be cautious about unexpected KYC requests.
- Avoid clicking suspicious links.
- Do not share sensitive information with unknown callers.
- Report suspicious digital accounts or identifiers promptly.
The National Cyber Crime Reporting Portal also provides a Suspect Repository where citizens can search certain identifiers, including mobile numbers, email IDs, bank account numbers and UPI IDs, based on reported cybercrime complaints.
Final Takeaway
Identity theft in India is a serious cybercrime that can have financial and legal consequences for victims. Depending on the conduct involved, Section 66C of the Information Technology Act and provisions of the BNS relating to cheating and personation may apply.
If your identity has been misused, secure your accounts, preserve evidence and report the matter promptly. For financial cyber fraud, 1930 and the National Cyber Crime Reporting Portal should be used without unnecessary delay.
Disclaimer: This article is for general legal and educational information only and does not constitute legal advice. The applicable law and punishment depend on the facts of each case and the evidence available.
