If you are stuck in such a situation, here is what to do.
In a recent matter that came to light in the city of Anandpur, a landlord, Mr. Ramesh Kumar, became suspicious of his tenant, Mr. Alok Singh. During a routine documentation check for a new rental agreement, Mr. Kumar discovered that Mr. Singh possessed two different Aadhaar cards. One card had an old photograph and a previous address from a different state, while the second, newer card had an updated photo and the current local address. While the Aadhaar number on both cards was identical, the fact that both were in active use raised serious concerns for Mr. Kumar. He worried about the legal implications, especially after hearing stories of identity fraud. This situation begs the question: is it permissible to have more than one Aadhaar card, even if it’s just an updated version of the original?
Advice in such cases
The Aadhaar number is a unique 12-digit identity number issued by the Unique Identification Authority of India (UIDAI). An individual is supposed to have only one Aadhaar number for life. Possessing multiple physical cards due to updates is common, but using them fraudulently is a crime.
Verify the Aadhaar Number: First, check if the Aadhaar number on both cards is the same. You can verify the authenticity of an Aadhaar number on the official UIDAI website.
Determine the Intent: The core of the issue is the intent behind possessing multiple cards. Was it a simple case of receiving a new card after an update and not destroying the old one, or was there a deliberate attempt to use different versions for fraudulent purposes?
Surrender Duplicates: If you find yourself with two different Aadhaar numbers (a rare but serious error), you must report it to UIDAI immediately and surrender one of the numbers. If you have multiple cards with the same number, it is advisable to destroy the older versions and use only the most recent one.
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 of 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.
Applicable Sections of Law
The primary law governing Aadhaar is the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. The penalties for misuse are stringent.
Section 30 of the Aadhaar Act, 2016: This section states that the Aadhaar number is a unique identity and cannot be reassigned to any other person.
Chapter VI (Offences and Penalties) of the Aadhaar Act, 2016:
Section 35: Penalty for impersonation. Whoever impersonates another person (living or dead) by providing false demographic or biometric information can be punished with imprisonment for a term which may extend to three years or with a fine which may extend to ten thousand rupees, or with both.
Section 40: Penalty for other offences. Any person who commits an offence under this Act for which no specific penalty is provided shall be punishable with imprisonment for a term which may extend to one year or with a fine which may extend to twenty-five thousand rupees, or with both.
If you are the complainant
If you, like Mr. Kumar, discover someone using multiple Aadhaar cards suspiciously, here are the steps you can take.
Gather Proof: Collect copies or photographs of the different Aadhaar cards and any documents where they might have been used.
File a Complaint: You can file a formal complaint with the local police, citing your suspicions of impersonation or fraud. The police can then initiate an investigation under the Aadhaar Act.
Inform UIDAI: A complaint can also be lodged directly with UIDAI through their official portal or helpline, providing details of the potential misuse.
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 of 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.
If you are the victim
This could apply to someone who has inadvertently ended up with multiple cards and is now facing accusations, or someone whose identity has been used to create a fraudulent Aadhaar.
Act Immediately: If you have multiple Aadhaar numbers, contact UIDAI without delay to have the duplicate one cancelled. Preserve all communication records.
Secure Your Documents: Gather all your official documents that prove your identity and the history of your Aadhaar updates (e.g., update acknowledgement slips).
Use the Latest Card: Ensure you are only using the most recently updated Aadhaar card for all official and financial purposes. Destroy all previous physical copies.
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 of 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.
How the police behave in such cases
Upon receiving a complaint, the police will typically take the following steps:
Preliminary Inquiry: They will first conduct a preliminary inquiry to understand the facts of the case and the nature of the allegation.
Verification with UIDAI: The police will contact UIDAI to verify the authenticity of the Aadhaar numbers in question and check the enrollment and update history.
Investigation of Intent: The investigation will focus heavily on whether the multiple cards were used to commit fraud, such as opening multiple bank accounts, obtaining multiple SIM cards for illegal activities, or claiming government benefits wrongfully.
Filing an FIR: If prima facie evidence of a cognizable offence under the Aadhaar Act or other laws is found, the police will register a First Information Report (FIR) and proceed with a formal investigation.
FAQs people normally have
What evidence is required?
To prove a case of Aadhaar fraud, the following evidence is crucial:
The physical Aadhaar cards or their digital copies.
Official communication and records from UIDAI.
Documents where the fraudulent/multiple cards have been used (e.g., bank statements, loan applications, property documents).
Testimony from witnesses who can attest to the use of multiple identities.
Any electronic evidence, such as call records or messages, that points towards fraudulent intent.
How long will the investigation take?
The duration of an investigation into Aadhaar-related fraud can vary significantly. Simple cases of verification might be resolved within a few weeks. However, if the case involves complex fraud across multiple jurisdictions or requires extensive forensic analysis, the investigation could take several months to over a year to conclude.
Advocate Sudhir Rao, Supreme Court of India