Identity Theft in India: Laws, Penalties, and How to Protect Yourself

Things you need to know about Identity Theft in India: Laws, Penalties, and How to Protect Yourself

In an increasingly digital India, identity theft has become one of the fastest-growing cybercrimes. From Aadhaar misuse and fake job profiles to SIM swap fraud and bank account hacking, your personal information is constantly at risk. But the good news is — Indian law recognizes identity theft as a punishable cyber offence under multiple legal sections. This guide will show you what it means, how to report it, and how to prevent it from happening to you.

Jump to:

• What Is Identity Theft?
• Real-World Examples in India
• How Identity Theft Affects You
• Applicable Laws and Sections
• How to File a Cybercrime Complaint
• What to Do if Aadhaar or PAN Is Misused
• Tips to Prevent Identity Theft
• Collecting and Preserving Digital Evidence
• Related Legal Guides

What Is Identity Theft?

Identity theft occurs when someone uses your personal information — such as your Aadhaar, PAN, mobile number, photo, digital signature, or login credentials — without your permission, typically to commit fraud, impersonation, or harassment. It is a cyber offence under Indian law, and the consequences for the victim can be serious if not acted upon quickly.

Real-World Examples in India

Here are some common cases of identity theft seen across India:

• SIM Swap Fraud: A Delhi resident lost ₹3 lakhs after fraudsters swapped his SIM card and accessed OTPs to transfer money from his bank account.
• Fake Social Media Profiles: Women and professionals are frequently targeted when their photos and names are used to create fake accounts on Facebook or Instagram, often for scams or harassment.
• Aadhaar Misuse: In several rural areas, Aadhaar numbers have been used without consent to open bank accounts, apply for loans, or withdraw subsidies meant for others.
• Fake Job Portals: Fraudsters use real names and credentials scraped from resumes posted online to create fake recruiter accounts or scam job seekers.

How Identity Theft Affects You

The impact of identity theft can be far-reaching:

• Financial Loss: Unauthorised bank withdrawals, loan defaults in your name, and credit misuse.
• Legal Trouble: You could be wrongly implicated in crimes committed using your stolen identity.
• Reputation Damage: Impersonation on social media or dating apps may lead to harassment or defamation.
• Mental Stress: Victims often experience anxiety, helplessness, or loss of trust in digital systems.

Applicable Laws and Sections

Indian laws have specific provisions that deal with identity theft:

• Section 66C, Information Technology (IT) Act: Covers fraudulent or dishonest use of electronic identity — including impersonation using Aadhaar, PAN, or passwords. Punishable with up to 3 years in jail and fine up to ₹1 lakh.
• Section 66D, IT Act: Covers cheating by personation via electronic means (e.g., phishing emails, fake calls). Punishable with up to 3 years and a fine up to ₹1 lakh.
• IPC Section 419: Impersonation with intent to deceive. Punishable by up to 3 years of imprisonment or fine, or both.
• IPC Section 420: Cheating and dishonestly inducing delivery of property. Punishable with up to 7 years of imprisonment and fine.

In some cases, Sections 468 and 471 of IPC (forgery of documents) may also apply if digital signatures or IDs are forged.

How to File a Cybercrime Complaint

There are two ways to file a complaint in India:

Online Method:

1. Visit cybercrime.gov.in.
2. Click on “Report Other Cyber Crimes.”
3. Log in with your mobile number and OTP.
4. Choose “Identity Theft” as the category and submit your complaint with evidence (screenshots, links, communications).

Offline Method:

1. Visit your nearest cybercrime police station or local police station.
2. File an FIR under Sections 66C, 66D of IT Act or Sections 419/420 of IPC.
3. Attach printed evidence like emails, fake profiles, or fraudulent messages.

For detailed guidance, read our post: How to File a Cybercrime Complaint in India.

What to Do if Aadhaar or PAN Is Misused

• Aadhaar: Visit uidai.gov.in and check “Aadhaar Authentication History.” File a grievance if you see suspicious activity.
• PAN: Visit incometax.gov.in and check your Form 26AS for unauthorised financial activity. Raise a complaint through e-filing support.
• In both cases, also file a complaint at cybercrime.gov.in or your local police station.

Tips to Prevent Identity Theft

• Do not share Aadhaar, PAN, bank details, or OTPs with anyone.
• Enable two-factor authentication (2FA) for all accounts.
• Use strong and unique passwords. Change them regularly.
• Enable SIM card lock and biometric locks on your phone.
• Regularly check your CIBIL score and credit report for any irregularities.
• Don’t upload personal ID documents on job portals or social media.

Collecting and Preserving Digital Evidence

Before filing a complaint, make sure to collect:

• Screenshots of fake accounts or suspicious messages.
• Bank alerts or OTP messages if financial fraud occurred.
• Emails, timestamps, or chat logs that prove impersonation.
• URLs of fake profiles, posts, or phishing sites.

Save backups of all evidence in cloud storage and share a copy with the police during the complaint process.

Related Legal Guides

• Online Bank Fraud: Here’s What the Law Says
• How to Report Email Hacking or Password Theft
• Cyber Law for the Everyday Indian

Return to Pillar Post: Cyber Law for the Everyday Indian