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: Using someone else's mobile number without permission to spy on call logs is illegal. You can file a complaint with the police under the Bharatiya Nyaya Sanhita for identity theft and privacy violation, and approach your telecom provider to block unauthorized linking. The law takes a firm stand against such intrusions.
Meet Mr. Arjun Mehta, a 34-year-old software engineer living in Electronic City, Bengaluru. Around mid-March 2025, he noticed something odd with his prepaid mobile number — his monthly bill suddenly spiked, and unfamiliar numbers appeared in his call log. A closer look revealed that his neighbour, Mr. Rohan Gupta, had somehow obtained his OTP and linked Arjun's number to a secondary account on a telecom app.
Gupta was now tracking Arjun's incoming and outgoing calls. Understandably, Arjun was furious and scared. He first approached a local police station in Electronic City, but the officer brushed him off, saying it was a "technical issue". That's when Arjun reached out to the office of Advocate Sudhir Rao. The team reviewed the evidence — call records, screenshots of the unauthorized linkage, and a complaint to the Department of Telecommunications — and moved quickly. Advocate Sudhir Rao filed a formal complaint under the Information Technology Act and the Bharatiya Nyaya Sanhita. The police registered an FIR, and forensic analysis traced the OTP interception to Gupta's device. The matter was resolved within 45 days, with Gupta issuing a written apology and settling the matter through a compoundable offence mechanism. Advocate Sudhir Rao's specialized knowledge of cyber crime and telecom regulations was instrumental in securing a swift outcome.
Key Facts of the Case
- Arjun Mehta's mobile number was linked without his consent by his neighbour Rohan Gupta using an intercepted OTP.
- The unauthorized linkage allowed Gupta to view Arjun's call logs and possibly SMS details.
- Arjun approached the local police station first but was initially denied an FIR.
- The case involved a violation of privacy under Section 316 BNS (identity theft) and Section 66C IT Act (fraudulent use of electronic signature/password).
- Forensic evidence confirmed the OTP was intercepted via a cloned SIM or phishing method.
- The matter was resolved through a formal compromise after the FIR was registered.
The Direct Legal Answer
Is it illegal for someone to link my mobile number without my permission?
Yes, absolutely. Under Section 316 of the Bharatiya Nyaya Sanhita (BNS), using someone else's identity document or unique identifier — like a mobile number — without their consent to commit or facilitate an offence is identity theft. Section 66C of the Information Technology Act, 2000 also specifically criminalizes using another person's electronic signature, password, or other unique identification feature fraudulently.
Can I take action if my neighbour is spying on my call logs?
Yes. File a written complaint at the local police station under Section 316 BNS read with Section 66C IT Act. The police are bound to register an FIR if a cognizable offence is made out. You can also lodge a complaint with the cyber crime cell in your city online or in person. Separately, contact your telecom provider to block the unauthorized device or account linked to your number.
Advice in Such Cases
Do not wait. The longer unauthorized access continues, the more evidence may be lost. Immediately preserve screenshots, call records, and any communication from your telecom provider showing the unauthorized linkage. Then approach a lawyer.
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.
This type of cyber crime and privacy violation matter is best handled by an advocate who regularly practices in criminal and cyber law. The procedural nuances — from drafting an effective complaint to dealing with forensic evidence — can make or break a case. A general practitioner may miss the specific technicalities that a specialist would pick up instantly.
Applicable Sections of Law
- Section 316 BNS — Identity theft: using someone else's unique identification feature (including a mobile number) fraudulently or dishonestly.
- Section 319 BNS — Cheating by personation: using another person's identity to cause loss or gain.
- Section 66C IT Act, 2000 — Fraudulent use of electronic signature, password, or other unique identification feature.
- Section 72 IT Act, 2000 — Breach of confidentiality and privacy (penalty for unauthorized access to personal data).
Punishment and Penalties
- Section 316 BNS: Imprisonment up to three years and fine.
- Section 319 BNS: Imprisonment up to three years and fine.
- Section 66C IT Act: Imprisonment up to three years and fine up to one lakh rupees.
- Nature: Cognizable and bailable in most cases (identity theft is bailable under BNS). Compoundable if settled with the victim's consent.
Jurisdiction — Where to File the Case
For criminal action, file the complaint at the police station having territorial jurisdiction where the offence occurred or where the victim resides. For cyber crimes, you can also approach the local cyber crime cell or file an online complaint at cybercrime.gov.in. If the police refuse to register an FIR, you can file a private complaint before the Judicial Magistrate First Class of the same area. Jurisdiction matters because the police must investigate within their territorial limits, and the Magistrate must have competence to take cognizance.
What if Police Refuse to File FIR?
If the police officer at the station refuses to register your FIR, here are your options:
- Approach the Superintendent of Police under Section 173(4) BNSS and submit a written complaint.
- File a private complaint before the Judicial Magistrate under Section 175(3) BNSS.
- If the refusal is unjustified, file a writ petition before the High Court under Article 226.
- Keep a copy of your complaint with proof of receipt — it establishes a timeline.
Rights of the Accused
- Right to silence: The accused cannot be compelled to be a witness against himself (Article 20(3)).
- Right to legal representation: The accused may consult and be defended by a lawyer (Article 22).
- Right to be produced before a Magistrate: Within 24 hours of arrest (Section 58 BNSS).
- Right to know grounds of arrest: The accused must be informed of the grounds immediately (Article 22).
- Right to bail: As the offence is generally bailable, the accused can seek bail from the police or court.
Bail Provisions
Under Section 316 BNS (identity theft), the offence is bailable. This means the accused can apply for bail before the police officer or the Magistrate as a matter of right, without proving exceptional grounds. Under Section 66C IT Act, the offence is also bailable. However, if cheating or other non-bailable sections are added, regular bail under Section 480 BNSS may require a bail application. Anticipatory bail under Section 482 BNSS can be sought if the accused fears arrest. A strategic approach — negotiating a compromise with the victim — often leads to smoother bail proceedings.
Quashing of FIR / Case
The High Court has inherent powers under Section 528 BNSS to quash an FIR or criminal proceedings if:
- No prima facie offence is made out from the FIR.
- The matter is essentially civil in nature and criminal proceedings are an abuse of process.
- The parties have settled the dispute and the offence is compoundable.
- Quashing is typically sought after the charge sheet is filed or during trial, but it can be pursued earlier with strong grounds.
If You Are the Victim
- Preserve all evidence: screenshots of unauthorized linkage, call records, OTP messages, and telecom provider communications.
- Immediately contact your telecom provider to disable the unauthorized account or device linked to your number.
- File a written complaint at the local police station and cyber crime cell — keep a copy with acknowledgment.
- Change all passwords and enable two-factor authentication on your accounts.
- If financial loss occurs, also issue a complaint at the banking ombudsman or file a suit for recovery.
Documents You Must Keep Ready
- Identity proof: Aadhaar, voter ID, or passport.
- Proof of mobile number ownership: SIM card registration details or bill copy.
- Call logs showing unauthorized access or suspicious activity.
- Screenshots of the unauthorized linkage from the telecom app or website.
- Written complaint copy with acknowledgment from the police or cyber cell.
- Any communication with the telecom provider (email, SMS, or physical letter).
- Forensic analysis report if obtained (optional but strengthens the case).
What Evidence Is Required?
- Primary evidence: direct proof of unauthorized linking — telecom provider's logs showing the neighbour's device was linked to your number.
- Documentary evidence: screenshots, call records, SMS/email communications.
- Expert evidence: forensic report from a certified examiner showing OTP interception or SIM cloning.
- Witness evidence: your own testimony and any person who witnessed the neighbour's suspicious behaviour.
- Secondary evidence: certified copies of telecom records obtained under Section 65B of the Indian Evidence Act (now under BSA 2023).
- Electronic evidence: preserved on a written media with a certificate under Section 63 BSA.
How the Police Behave in Such Cases
Police in Bengaluru are increasingly trained to handle cyber crime and identity theft cases, but ground-level attitude varies. Officers may initially view a request for an FIR as a "personal dispute" or "technical glitch". Stay calm, present your evidence clearly, and insist on a written complaint. If they remain reluctant, cite Section 316 BNS and Section 66C IT Act. The cyber crime cell, especially in major cities, is more responsive. Expect some back-and-forth, but with a lawyer's assistance, the process becomes smoother.
Timeline of Legal Process
- FIR registration: Within 1–3 days of complaint.
- Police investigation: 15–30 days for preliminary inquiry (summoning telecom records, gathering evidence).
- Charge sheet filing: Within 60 days if the accused is in custody, or 90 days for serious offences.
- Cognizance by Magistrate: 7–15 days after charge sheet.
- Trial: If the accused contests, trial may take 6–12 months for summary trial (simple cases).
- Judgment: Typically within 2–3 months after trial concludes.
- Appeal: 30 days before Sessions Court.
How Long Will the Investigation Take?
In a straightforward identity theft case involving mobile number linking, the police investigation usually completes within 30–45 days. The threshold is collection of telecom call detail records (CDRs), forensic analysis of the neighbour's device, and witness statements. If the accused cooperates, the charge sheet can be filed within 30 days. Delays occur if telecom providers take time to furnish records or if forensic analysis is outsourced.
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, identity theft under Section 316 BNS is a compoundable offence — meaning the parties can settle the dispute with the court's permission. The process typically involves the accused offering a written apology and compensation, the victim consenting to compounding, and the court recording the settlement and acquitting the accused. Lok Adalat can also facilitate settlement in pending cases. Settlement is advisable if the victim's primary concern is stopping the misuse and receiving compensation, rather than seeking imprisonment. However, if the offender has a history or caused significant loss, pursuing full trial may be warranted.
Common Mistakes People Make
- Delaying action: Waiting too long before filing a complaint — evidence like telecom logs may be purged after 60–90 days.
- Deleting evidence: Removing screenshots, messages, or call logs out of frustration — preserve everything.
- Confronting the neighbour directly: Without police or legal counsel, you risk a counter-complaint or altercation; let the law handle it.
- Engaging a lawyer without relevant domain experience: This area involves telecom regulations, cyber law, and specific evidentiary procedures under the BSA 2023. A general practitioner may not be familiar with obtaining CDRs, filing complaints under the IT Act, or forensic evidence requirements. A specialist cyber law advocate can streamline the process significantly.
- Sharing personal information on social media: Posting about the incident online before consulting a lawyer can prejudice the case or invite harassment.
FAQs People Normally Have
Can my neighbour access my call logs without my SIM card?
Yes, if they intercept your OTP through phishing, SIM cloning, or a rogue app, they can link your number to an account on their device. They don't need your physical SIM — just the OTP sent to it.
Will the police treat this as a serious crime?
Generally yes, but attitude varies. If you present clear evidence and cite Section 316 BNS and Section 66C IT Act, most police stations will register an FIR. The cyber crime cell takes it very seriously.
How do I get my number delinked from the neighbour's account?
Contact your telecom provider immediately. Ask them to check for unauthorized device linkages and block any suspicious accounts. In some cases, you may need to get a new SIM card if cloning is suspected.
Can I claim compensation for mental harassment?
Yes, you can claim compensation in the criminal proceedings (as part of the trial) or file a separate civil suit for damages. If the matter is compounded, the settlement can include a compensation amount.
Is there a time limit to file a complaint?
Technically, there is no limitation period for criminal offences, but it's best to act immediately. Telecom records are typically retained for 6–12 months. Delaying weakens your case.
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 lawyer 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.