Throughout India, mobile connectivity and digital services are expanding at a rather brisk pace. At the same time, the misuse of telecommunication identifiers, including misuse of International Mobile Equipment Identity (IMEI) number of mobile devices, has emerged as a matter of serious matter of concern. Such misuse ends up compromising safety of citizens as well as poses threats to security and integrity of telecom networks. In order to prevent tampering with/misuse of unique telecom identifiers, the Indian government has put certain stringent legal provisions in place.
According to Department of Telecommunications (DoT), tampering with IMEI numbers or using devices with unauthorised or tampered telecommunication identifiers is counted as a punishable offence under Telecommunications Act, 2023 and rules framed thereunder.
The Telecommunications Act of 2023 imposes strict penalties on those involved in tampering of telecom identifiers. This includes those engaged in tampering of IMEI numbers of mobile handsets and other telecom devices. Section 42(3)(c) of Act specifically prohibits this sort of tampering. In addition, u/s 42(3)(e), it is illegal to obtain SIMs or telecommunication identifiers via fraudulent means like cheating or impersonation.
Violations of these provisions may result in imprisonment for up to three years, a fine of up to Rs. 50 lakh or both. These offenses are considered cognizable as well as non-bailable u/s 42(7) of Act. Furthermore, u/s 42(6) it is stated that individuals who assist/promote commission of such offenses are subject to same type of penalties.
According to the DoT, the citizens are advised to refrain from the following:-
Procuring SIM cards using fake documents/fraud/cheating/impersonation;
Using, procuring or assembling devices like modems, modules, SIM Boxes or other equipment with configurable or tampered IMEIs;
Transferring, selling or handing over SIM cards obtained in their name to others who may misuse them; and
Using mobile apps, websites or any other means to make modifications in Calling Line Identity (CLI) or other telecom identifiers.
It must be noted by citizens that procuring SIM cards in their own name and subsequently loaning/renting/muling of SIM for misuse in cyber fraud or any other illicit activity may hold the original subscriber legally liable. Using devices having tampered IMEI numbers, getting SIM cards through fraud or transferring SIM cards to individuals who misuse them can result in serious legal action.
The DoT encourages citizens to stay vigilant and utilize the digital tools on Sanchar Saathi to verify and secure their mobile handsets. The Sanchar Saathi platform lets users verify the IMEI details of a mobile handset. Using this service, the citizens can check information like brand name, manufacturer associated with device and model name among others. The Indian government has taken strong measures to prevent the misuse of telecom resources and to enhance the safety and security of India's telecom ecosystem.
Citizens can access a variety of services offered under the Sanchar Saathi initiative, which helps verify and protect their mobile connections and devices. It is essential to comply with provisions of Telecommunications Act, 2023 and associated rules to prevent telecom-related fraud, safeguard citizens and ensure a safe, secure and trustworthy telecommunications environment for all.
Citizens are encouraged to visit the Sanchar Saathi Portal @ www.sancharsaathi.gov.in or download Sanchar Saathi Mobile App via Play Store/Apple Store to access the range of citizen centric services available on the platform.
Source:- Press Information Bureau (PIB)
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