Mobile subscribers may be held liable if a SIM card procured in their name is found to have been misused for cyber fraud or other illegal activities.
The Department of Telecommunications (DoT) recently advised citizens to exercise caution and avoid several risky practices:
- Using mobile devices with tampered IMEI numbers.
- Buying or using procured or assembled devices (like modems, modules, or SIM boxes) that have configurable or tampered IMEIs.
- Procuring SIM cards through fake documents, fraud, or impersonation.
- Transferring or handing over SIM cards procured in their name to others who may misuse them.
The DoT's advisory stressed that utilising devices with tampered IMEI numbers, acquiring SIM cards fraudulently, or allowing others to misuse a SIM registered in one's name can result in serious legal consequences. The original user may be held liable as an offender in cases where SIM cards procured in their name are subsequently misused for cyber fraud.
The department also advised subscribers to refrain from using mobile applications or websites that modify Calling Line Identity (CLI) or other telecommunication identifiers.
Legal and regulatory framework
The Telecommunications Act, 2023 imposes stringent penalties for tampering with telecommunication identifiers, including the International Mobile Equipment Identity (IMEI) number of mobile handsets and other devices.
Penalties for violating the Act include:
- Imprisonment for up to three years.
- Fines up to Rs 50 lakh, or both.
Furthermore, the Telecommunications (Telecom Cyber Security) Rules, 2024 prohibit altering the IMEI or using, producing, or possessing equipment where the IMEI can be configured or changed. The amended rule also requires entities dealing in resale or refurbished devices to scrub every device's IMEI number through a centralised database of blacklisted IMEIs before resale, which protects consumers and assists law enforcement in tracking stolen equipment.
The Sanchar Saathi Initiative
The government has implemented the Sanchar Saathi initiative, providing digital tools for citizens to verify and secure their mobile connections. The DoT advises citizens to verify IMEI details through the Sanchar Saathi portal or mobile app, which displays the device’s brand name, model, and manufacturer information.
The government has established these strict checks to prevent the misuse of telecom resources and ensure a secure telecommunications ecosystem for all citizens.
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