Need Aadhaar OTP for Admission But Old Number Recycled? Here's What to Do

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

TL;DR: If your old Aadhaar-linked mobile number has been recycled and assigned to someone else, do not contact that stranger to request an OTP. That invites serious misuse risk. Instead, use UIDAI's online update process or a notarised form for a number change if you are outside India. Otherwise, a relative can act on your behalf at a Permanent Enrolment Centre with proper authorisation.

Rahul Mehta, a software professional based in Dubai, needed to complete his son's university admission in Pune. The portal required an Aadhaar OTP — but the number on file had been his own old number, now recycled and given to a stranger. Frustrated after trying multiple online avenues, Rahul consulted the office of Advocate Sudhir Rao for a practical legal and procedural solution. The advice he received focused on safe alternatives: never contacting the unknown holder, using the UIDAI self-service portal for address or mobile updates from abroad, and deploying a trusted relative to visit a nearby Permanent Enrolment Centre with a notarised authorisation. The admission was secured within ten days without even a single OTP request to the stranger. This case shows exactly how domain-specific knowledge of UIDAI's procedural flexibility can resolve what seems like an impossible bottleneck.

Key Facts of the Case

• The mobile number linked to the client's Aadhaar had been surrendered by the telecom provider and reassigned to a third party approximately eight months before the admission deadline.
• The university registration system mandated Aadhaar OTP verification as a non-negotiable step for completing the online admission form.
• The client was physically located outside India (Dubai) and could not travel to an Aadhaar enrolment centre within the short admission window.
• UIDAI's online facility allows updating a mobile number through the MyAadhaar portal only if the existing number is still active — which it was not.
• The alternative route — using the Aadhaar Update/Correction form (with notarised signature) and sending it to UIDAI's regional office via post — was successfully used with the help of a family member in India.
• The client did not contact the current mobile number holder at any point, avoiding potential misuse or fraud liability.

The Direct Legal Answer

Can the stranger misuse my Aadhaar if they realise my Aadhaar is linked to their number?

Yes, there is genuine risk. If the current mobile user knows that your Aadhaar is mapped to their number, they could attempt to request OTPs for services that only require OTP-based authentication — not biometrics. While many services require biometric or demographic verification for critical changes (like updating your address or obtaining a new Aadhaar), a surprising number of smaller financial apps, hotel check-ins, or disreputable sites might accept just an OTP. In legal terms, that's identity theft or impersonation under Section 318 BNS (cheating by personation). Protect yourself.

Should I call or message that person to ask for the OTP?

Strongly avoid this. No legitimate institution advises contacting the current holder of your old number. You cannot verify their intentions. A simple OTP shared in good faith could later be used to access your DigiLocker, PAN-linked accounts, or even file fraudulent GST returns in your name. The safest route is to update the number through official UIDAI channels — not by requesting a favour from a stranger.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Second, reach out to UIDAI's toll-free helpline (1947) and your telecom provider simultaneously. Sometimes the mobile company can re-issue the same number to you if it was surrendered recently, but that's rare. Third, consider visiting the nearest Indian embassy or consulate; they can notarise a declaration that helps in updating your Aadhaar number. But remember — this type of procedural issue requires an advocate who regularly deals with digital identity and UIDAI regulations. General practitioners may not know the shortcuts or the specific forms UIDAI accepts from NRIs.

Applicable Sections of Law

Though this is not a criminal case, the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 governs the framework. Specifically, Section 8 requires biometric authentication for Aadhaar usage; OTP-only authentication is a lower security tier. Section 29 prohibits the collection of Aadhaar for any purpose other than those prescribed. Misuse by the stranger could attract Section 318 BNS (cheating by personation) and Section 319 BNS (cheating). For unauthorised access to Aadhaar data, Section 43 of the Aadhaar Act imposes penalties up to Rs. 1 crore.

Punishment and Penalties

If the stranger misuses your Aadhaar data or OTP for fraudulent purposes, the offence under Section 318 BNS is punishable with imprisonment up to three years and a fine. Under Section 319 BNS, the penalty can extend up to seven years and a fine if the cheating results in property loss. These are cognizable and non-bailable offences under the BNSS. The Aadhaar Act also provides for civil penalties of up to Rs. 1 crore per instance for identity fraud.

Jurisdiction — Where to File the Case

For misuse of your Aadhaar, you'd file a complaint at the police station with territorial jurisdiction over the place where the stranger resides. If that is unknown, you can file at the police station in your last known Indian address. For cyber-enabled fraud, you may also file a report on the National Cyber Crime Reporting Portal (cybercrime.gov.in). For civil remedies, you could approach the jurisdictional civil court with a suit for permanent injunction restraining the stranger from using your Aadhaar, though getting their identity is the challenge.

What if Police Refuse to File FIR?

Police may initially resist registering an FIR for an Aadhaar OTP misuse complaint — they often treat it as a civil or cyber issue. Here's what you must do in response:

• Demand a written refusal from the officer in charge at the police station.
• Approach the Superintendent of Police (SP) or Commissioner of Police under Section 173(4) BNSS, submitting a detailed complaint.
• If still no action, file a private complaint before the Judicial Magistrate First Class under Section 175(3) BNSS.
• As a last resort, approach the High Court under its writ jurisdiction (Article 226) for a direction to register the FIR.

Rights of the Accused

If a complaint is filed against the stranger in such a case, they have rights under the Constitution and BNSS:

• Right to remain silent and against self-incrimination under Article 20(3).
• Right to be informed of the grounds of arrest under Article 22(1).
• Right to consult and be defended by a legal practitioner under Article 22(1).
• Right to a copy of the FIR under Section 193 BNSS.
• Right to be produced before a Magistrate within 24 hours of arrest under Section 194 BNSS.

Bail Provisions

Offences under Section 318 BNS (cheating by personation) are bailable. Section 319 BNS (cheating) is also bailable, but if the value of the property involved is high, the court may impose stricter conditions. Anticipatory bail under Section 482 BNSS can be sought if the accused anticipates arrest. Regular bail is governed by Sections 480 and 483 BNSS. The court typically considers the gravity of the offence, the likelihood of the accused tampering with evidence, and whether they have a fixed place of residence before granting bail.

Quashing of FIR / Case

If someone is falsely accused of misusing an Aadhaar OTP, they can approach the High Court under Section 528 BNSS (inherent powers) to quash the FIR. Grounds for quashing include: no prima facie offence made out, the complaint is an abuse of the legal process, or the parties have settled the matter (in compoundable offences). However, quashing is a discretion-based remedy and is not granted lightly. The court must be satisfied that the FIR does not disclose any criminal offence whatsoever.

If You Are the Victim

• Do not contact the current number holder yourself under any circumstances.
• Immediately update your Aadhaar-linked mobile number through the nearest Permanent Enrolment Centre or via the UIDAI website using the 'Update Aadhaar' option with self-attested documents.
• File a written complaint with your telecom provider about the recycled number and request a number change for your Aadhaar.
• Keep a record of all communication with the university explaining the technical difficulty — many institutions provisionally accept a notarised affidavit in lieu of OTP.
• If you suspect any misuse of your Aadhaar, report it on the UIDAI's grievance portal (pgportal.gov.in) immediately.

Documents You Must Keep Ready

• Copy of your Aadhaar card
• Proof of your current mobile number (if you have a new Indian number)
• NRI status proof (passport with visa, or residence card)
• Notarised affidavit explaining the situation (if visiting a Permanent Enrolment Centre through a representative)
• University admission offer letter or registration page screenshot
• Telecom provider's letter or statement showing number was surrendered/recycled

What Evidence Is Required?

• Primary evidence: the original Aadhaar letter or e-Aadhaar, the mobile number deactivation letter from the telecom provider.
• Proof of residence outside India (passport pages showing exit/entry, visa copy).
• If the stranger contacted you in a suspicious manner, save screenshots, call recordings (with consent), or messages.
• Any record of the OTP being generated (even if not delivered to you) from the university portal — this shows the linkage.
• A notarised affidavit from your side explaining the entire timeline.

How the Police Behave in Such Cases

Police generally treat Aadhaar-related complaints as low-priority, especially if no financial loss has occurred. Expect initial reluctance. They may ask you to approach the telecom provider or UIDAI first. If you insist on an FIR, they may try to register a non-cognizable report (NCR) under Section 195 BNSS instead of an FIR. Stay persistent. If you have clear evidence of misuse, mention the specific BNS sections (318, 319) and demand a proper investigation. Having a lawyer accompany you to the police station often changes the tone.

Timeline of Legal Process

• Step 1 — Complaint/Notice: Day 1. Approach the police or cyber cell.
• Step 2 — FIR Registration: Usually within 1-3 days if the police accept the complaint.
• Step 3 — Investigation: 60-90 days by law (Section 193 BNSS), but may extend further.
• Step 4 — Chargesheet: Filed within a statutory limit or after completion of investigation.
• Step 5 — Cognizance by Magistrate: After chargesheet, the court takes cognizance.
• Step 6 — Framing of Charges: Within a few hearings thereafter.
• Step 7 — Trial: 6-12 months typically, depending on witness availability and court backlog.
• Step 8 — Judgment: After trial concludes, usually within 2-3 months of closing arguments.
• Step 9 — Appeal: 30-90 days for filing appeal in a higher court.

How Long Will the Investigation Take?

Under the BNSS, police must complete the investigation and file the chargesheet within 60 days for offences punishable with up to 3 years, and within 90 days for more serious offences. In practice, for Aadhaar misuse complaints, expect 3-6 months if the cyber cell is involved. The challenge is locating the stranger who currently holds the number — that requires the telecom provider's cooperation.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Yes, if the stranger cooperates and agrees to stop using your Aadhaar-linked number, you can settle the matter without prolonged litigation. You could sign a compromise deed, but note that offences under Sections 318 and 319 BNS are generally compoundable with the court's permission. A better approach is to simply update your Aadhaar number — that severs the connection automatically. Settlement is advisable only if you have no financial loss or ongoing misuse. Mediation through a Lok Adalat is also an option if the case is already pending.

Common Mistakes People Make

• Contacting the stranger directly to request the OTP. This is the single biggest mistake. You sound like a scammer, and if they misuse the OTP, proving fraud later becomes your problem.
• Waiting until the last minute. The admission deadline is tight, but contacting UIDAI and the university early on gives you time to explore formal solutions.
• Destroying the old SIM card or not checking who has the number. Always Truecaller-check the number before proceeding with any OTP request.
• Not documenting everything. Keep screenshots of the error messages, emails to the university, and your complaint to UIDAI.
• Engaging a lawyer who does not regularly handle digital identity or UIDAI-related matters. Procedural nuances — like which specific UIDAI form an NRI can use, or how to get an embassy attestation accepted — are missed by general practitioners. Domain-specific experience can cut weeks off the timeline.

FAQs People Normally Have

Can I change my Aadhaar mobile number online from abroad?

Yes, but only if your existing number is active (to receive the OTP for the update). Since your number is recycled, the online route is not available. You must use the offline update form sent by post or visit a Permanent Enrolment Centre through a representative.

What if the university refuses to accept any alternative to OTP?

Request the university's registrar office for a manual or provisional enrolment option. Many institutions allow a notarised affidavit and a hold on the final process until the Aadhaar is updated. If they still refuse, you may need a legal notice citing the Aadhaar Act's flexibility.

Can I sue the telecom company for giving my old number to someone else?

Potentially yes, but only if you had a valid contract preventing reallocation of the number for a specific period. Most telecom providers re-cycle numbers after a grace period of 90 days. You could lodge a complaint with the Telecom Regulatory Authority of India (TRAI) or file a consumer complaint under the Consumer Protection Act, 2019 for deficiency in service.

What if the stranger already used my Aadhaar OTP somewhere?

Immediately report it on the UIDAI grievance portal and file an FIR at the cyber crime police station. Contact the service provider where the OTP was used (e.g., a bank or an e-commerce site) to block further activity. You may need to apply for a new Aadhaar enrolment in extreme cases.

Is there a way to trace who has my old number now?

Not directly; telecom providers do not disclose subscriber identity without a police requisition. But if you have a strong reason to suspect misuse, a lawyer can file a formal complaint and the police can ask the provider to share the current subscriber's details.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a criminal advocate in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.