Lost PAN Card and Aadhaar Card — Can They Be Misused and Should You File an FIR?

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.

Rohan Gupta, a mid-level IT professional working in Pune, discovered in early March 2025 that his wallet had been stolen during his morning commute on the Pune Metro. Inside the wallet were his PAN card, Aadhaar card, and a few debit cards linked to his HDFC Bank account. He immediately blocked his bank cards but was unsure about his identity documents. He'd heard vague things about identity fraud but didn't really know how serious the threat actually was.

A colleague suggested he speak to a local general practitioner advocate, who advised him to simply apply for duplicate documents and not worry. Rohan followed that advice. Two months later, he received a notice from the Income Tax Department regarding a suspicious loan application filed in his name at a non-banking financial company. A credit inquiry had also been raised against his PAN through Bajaj Finserv. That's when Rohan's family referred him to Advocate Sudhir Rao.

The approach taken was methodical. A formal FIR was filed citing the specific provisions of the Bharatiya Nyaya Sanhita applicable to identity theft and document fraud. Simultaneously, formal complaints were dispatched to UIDAI and the Income Tax Department to flag the PAN misuse. The NBFC was notified with a copy of the FIR to halt the fraudulent loan process. Within roughly six weeks, the fraudulent application was cancelled, the credit inquiry was reversed after follow-up with the credit bureau, and the police investigation was formally initiated. The early delay — caused by acting without domain-specific legal guidance — had complicated matters, but a structured legal intervention brought resolution.

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.

File an FIR promptly: Don't wait to see if anything goes wrong. File a First Information Report at your nearest police station as soon as you discover the loss. A dated FIR is your strongest shield if someone misuses your documents later — it establishes a clear timeline that's very difficult to dispute.

Notify the relevant authorities immediately: Contact UIDAI (1947 helpline) to lock your Aadhaar biometrics. Inform the Income Tax Department's PAN services unit and raise a complaint with your bank. If a credit inquiry has already occurred, write formally to CIBIL or Experian citing the FIR number.

And here's the thing — this category of matter involves procedural steps across multiple agencies at the same time. Advocates who regularly handle cybercrime and identity fraud are familiar with this coordination. A general practitioner may address only one front while leaving the others completely exposed.

Applicable Sections of Law

The following provisions of the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023 are relevant when identity documents are lost and potentially misused:

• Section 318 BNS (Cheating): Applies if someone uses your PAN or Aadhaar to fraudulently obtain financial benefits, loans, or services in your name.
• Section 319 BNS (Cheating by personation): Directly applicable when a person pretends to be someone else using stolen identity documents.
• Section 336 BNS (Forgery): Relevant if the lost documents are altered or used to create forged records.
• Section 66C of the Information Technology Act, 2000: Covers identity theft using electronic records — Aadhaar data, e-KYC misuse, or digital document fraud. Punishable with up to three years' imprisonment and a fine up to Rs. 1 lakh.

Frankly, most people who come to me after a document loss have never heard of Section 319 BNS. But it's the provision that hits hardest when someone impersonates you to take a loan.

Punishment and Penalties

• Section 318 BNS (Cheating): Imprisonment up to three years, or fine, or both. Cognizable and bailable.
• Section 319 BNS (Cheating by personation): Imprisonment up to three years, or fine, or both. Cognizable and bailable.
• Section 336 BNS (Forgery): Imprisonment up to two years, or fine, or both. Non-cognizable and bailable in basic cases; aggravated forgery carries up to seven years.
• Section 66C IT Act: Up to three years' imprisonment and fine up to Rs. 1 lakh. Cognizable and bailable.
• Offences under Section 318 and 319 BNS are compoundable with the court's permission.

Jurisdiction — Where to File the Case

Simple enough in principle. For a lost document complaint, approach the police station that has territorial jurisdiction over the area where the loss occurred. So if your wallet was stolen at a metro station in Koregaon Park, Pune, the Koregaon Park police station handles the FIR. If misuse occurred online — for example, a fraudulent loan application submitted digitally — the cybercrime police station of your city also has concurrent jurisdiction. For matters escalating to trial, the competent court is the Judicial Magistrate of First Class (JMFC) for offences under Section 318 and 319 BNS. Getting jurisdiction right from the outset saves significant time.

What if Police Refuse to File FIR?

Police sometimes treat lost document complaints as minor and decline to register an FIR. That's frustrating, but you have clear legal remedies:

• Submit a written complaint to the Superintendent of Police (SP) of the district under Section 173(4) BNSS. The SP is required to direct an investigation if a cognizable offence is disclosed.
• File a private complaint directly before the Judicial Magistrate of First Class under Section 175(3) BNSS. The Magistrate can take cognizance and direct the police to investigate.
• If both avenues fail, approach the High Court under Article 226 of the Constitution seeking a writ of mandamus directing the police to register the FIR. The Supreme Court in Lalita Kumari v. Government of UP, 2014 held that registration of FIR is mandatory when information of a cognizable offence is disclosed.
• Document every refusal — date, officer's name, and station — in writing. This record supports your writ petition.

Now, before you act on any of this, have these steps ready in consultation with your advocate. Walking into an SP's office without a proper written complaint is a wasted trip.

Rights of the Accused

If someone is arrested in connection with misuse of your documents, they carry the following constitutional and statutory rights. You should be aware of these so the process isn't challenged and derailed later:

• Right against self-incrimination under Article 20(3) of the Constitution — the accused cannot be compelled to be a witness against themselves.
• Right to legal representation under Article 22(1) — the accused must be allowed to consult a lawyer of their choice.
• Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2) and Section 58 BNSS.
• Right to receive a copy of the FIR under Section 173(2) BNSS.
• Right to know the grounds of arrest under Article 22(1) — the arrest memo must be served at the time of arrest.

Bail Provisions

Both Section 319 BNS and Section 318 BNS are bailable offences. The accused can apply for bail at the police station itself at the time of arrest, without requiring a court order. Where there's reason to believe arrest may occur, anticipatory bail can be sought under Section 482 BNSS before the Sessions Court or High Court. Regular bail post-arrest is governed by Section 480 and Section 483 BNSS. Typical conditions include furnishing a surety, surrendering travel documents, and appearing at the police station periodically. Bail strategy should be discussed with your advocate before any arrest actually happens.

Quashing of FIR / Case

If the FIR is registered against the wrong person, or if the matter is settled between the parties, the High Court can quash the FIR under Section 528 BNSS, which confers inherent powers on the High Court to prevent abuse of process. Grounds that typically support quashing include: no prima facie disclosure of a cognizable offence, manifest factual error in the FIR, or a genuine compromise in a compoundable case (such as Section 318 or 319 BNS with court permission). The Supreme Court in State of Haryana v. Bhajan Lal, 1992 laid down the categories of cases where quashing is appropriate. Quashing is not available as a matter of right — it requires a well-grounded petition supported by sound legal reasoning.

If You Are the Victim

• File an FIR at the nearest police station immediately. Don't wait for evidence of misuse — the loss itself justifies a complaint.
• Lock your Aadhaar biometrics through the UIDAI portal (myaadhaar.uidai.gov.in) or the 1947 helpline. This prevents e-KYC misuse.
• Raise a dispute on your CIBIL or Experian credit report if any unauthorized inquiry appears against your PAN number.
• Inform your bank in writing — HDFC Bank, SBI, or whichever institution you hold accounts with — citing the FIR number, and request a watch on your account for suspicious KYC updates.
• Apply for a duplicate PAN through the NSDL portal and a duplicate Aadhaar through UIDAI after the FIR is registered, attaching a copy of the FIR to the application.

Documents You Must Keep Ready

• Copy of the FIR with the station diary number and date
• Any acknowledgment from UIDAI regarding biometric lock
• Bank statements showing the period around the loss date
• Credit bureau report showing any unauthorized inquiry on your PAN
• Any correspondence received from financial institutions regarding loans or accounts you did not open
• Proof of duplicate PAN / Aadhaar application with NSDL / UIDAI
• Any CCTV footage or eyewitness account of the theft if available
• Identity proof for the FIR — a secondary government ID such as driving licence or passport

What Evidence Is Required?

• Primary evidence: The original FIR copy; any written communication from the fraudster's transactions such as loan sanction letters or KYC forms using your identity.
• Digital evidence: Screenshots of unauthorized credit inquiries on CIBIL; email or SMS alerts from banks or NBFCs about accounts you did not open.
• Documentary evidence: Records from UIDAI showing when and where your Aadhaar was last authenticated — obtainable from the UIDAI portal's authentication history section.
• Witness evidence: Statements from colleagues, family members, or bystanders who witnessed the theft or loss.
• Expert evidence: In cases involving digital fraud, a forensic examiner's report on the devices or IP addresses used in the fraudulent transactions.

How the Police Behave in Such Cases

Make no mistake — police stations frequently treat lost document complaints as routine administrative matters and may attempt to register only a General Diary (GD) entry rather than a full FIR. This is a meaningful distinction. A GD entry does not trigger an investigation. If identity theft has already occurred or is a realistic possibility, insist on a proper FIR under the cognizable provisions of the BNS. Cybercrime cells in larger cities like Pune, Bengaluru, or Lucknow are better equipped for this type of complaint than local thana units. Approach the cybercrime cell when digital misuse of Aadhaar or PAN is involved.

Timeline of Legal Process

• Day 1-3: File FIR at local police station or cybercrime cell; lock Aadhaar biometrics; notify bank and CIBIL.
• Week 1-2: Police register the case; initial investigation begins; complainant's statement recorded.
• Month 1-3: Police investigation — gathering call records, digital trails, bank KYC documents used fraudulently.
• Month 3-6: Chargesheet filed before Magistrate if accused identified; court takes cognizance.
• Month 6-12: Framing of charges by the Magistrate; prosecution evidence begins.
• Year 1-2: Defence evidence; final arguments.
• Year 2-3: Judgment. Appeal, if required, lies before the Sessions Court and thereafter the High Court.

How Long Will the Investigation Take?

For document loss and identity theft complaints, expect the initial investigation — tracing the person who misused the documents — to take between 60 and 180 days, depending on whether the fraud trail is digital or physical. If digital transaction records are involved, police typically issue notices to banks and NBFCs under Section 94 BNSS for account details.

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a Delhi criminal defence lawyer — 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.