If you are stuck in such a situation, here is what to do 😟

Mr. Alok Verma, a resident of the bustling city of Janakpuri, recently submitted a photocopy of his Aadhaar card to a local mobile service provider, “ConnectFast Telecom,” to get a new SIM card. A few days later, a wave of anxiety washed over him. He started worrying about the potential for misuse of his personal information. Could someone take out a loan in his name? Could his identity be used for other illicit activities? Mr. Verma’s concern is shared by millions of Indians who frequently share their Aadhaar photocopies for various services, often without considering the potential risks involved.

Advice in such cases 📝

While a simple photocopy has limitations for fraudsters, it’s always better to be safe than sorry. Here are some precautions you should always take:

• Masked Aadhaar: Always use the “Masked Aadhaar” feature available on the UIDAI website. It displays only the last four digits of your Aadhaar number, protecting the full number from being exposed.
• Specify the Purpose: Clearly write the purpose for which you are submitting the photocopy across the document. For instance, write “For new SIM card application only” and the date. This makes it difficult to reuse the copy for other purposes.
• Lock Biometrics: Use the UIDAI portal or the mAadhaar app to lock your biometrics (fingerprints and iris scan). This prevents authentication using your biometrics without your consent. You can easily unlock it when needed.
• Check Authentication History: Regularly check your Aadhaar authentication history on the UIDAI website to see where and when your Aadhaar was used for authentication.

Applicable Sections of Law ⚖️

If someone misuses your Aadhaar information, they are liable for punishment under several Indian laws:

• The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016: Chapter VII of the Act outlines penalties for various offences, including impersonation and disclosing identity information. Under Section 37, courts can take cognizance of offences upon a complaint made by the UIDAI.
• The Information Technology Act, 2000:
  • Section 66C: Provides punishment for identity theft, which can include imprisonment for up to three years and a fine.
  • Section 66D: Deals with cheating by personation using a computer resource, also punishable with imprisonment and a fine.
• The Bharatiya Nyaya Sanhita (BNS), 2023:
  • Section 318: Pertains to cheating and dishonestly inducing delivery of property, which could apply if a loan is taken using your details.
  • Section 335: Defines the punishment for forgery, which would apply if your signature is forged on a document along with the Aadhaar copy.

If you are the complainant

If you suspect your Aadhaar photocopy has been misused, you must act swiftly. First, file a formal complaint with the UIDAI through their official portal or helpline. Simultaneously, you should file an FIR (First Information Report) at your local police station or through the National Cyber Crime Reporting Portal (cybercrime.gov.in). In your complaint, clearly state the facts and mention the relevant sections of the IT Act and the BNS. This formal complaint is the first and most crucial step in initiating a legal process against the perpetrators.

If you are the victim 😢

Discovering you are a victim of identity theft can be distressing. Immediately take the following steps to mitigate the damage:

• Lock your Aadhaar biometrics online.
• File a police complaint (FIR) without delay.
• Inform the concerned bank or financial institution if a fraudulent loan or credit card has been issued in your name. Provide them with a copy of the FIR.
• Regularly check your CIBIL or other credit scores to detect any unauthorized financial activity.
• Report the matter to the UIDAI, which can initiate its own investigation.

How the police behave in such cases 👮

Upon receiving a complaint, the police are mandated to register an FIR, especially in cases involving cognizable offences under the IT Act and BNS. The case will likely be transferred to the Cyber Crime Cell, which is equipped to handle such investigations. They will attempt to trace the digital footprint left by the criminals, such as IP addresses, mobile numbers used, and bank accounts where fraudulent funds were transferred. However, complainants may need to be persistent and follow up regularly with the investigating officer to ensure the case progresses.

FAQs people normally have 🤔

• Can someone get a loan or a SIM card with just my Aadhaar photocopy?
  It is difficult but not impossible. While most legitimate services now require biometric authentication or OTP verification sent to your registered mobile number, fraudsters can sometimes collude with insiders at service provider companies to bypass these checks.
• What is the difference between a regular and a masked Aadhaar?
  A regular Aadhaar card displays your full 12-digit number. A masked Aadhaar, which can be downloaded from the UIDAI website, hides the first 8 digits, showing only the last 4. It is a safer alternative for KYC purposes.
• How can I check if my Aadhaar has been used without my knowledge?
  Visit the official UIDAI website and use the “Aadhaar Authentication History” service. It will show you a log of all authentication requests made using your Aadhaar number in the last six months.

What evidence is required? 📄

To build a strong case, you will need to gather as much evidence as possible, including:

• A copy of the police FIR.
• Any communication received from banks or companies regarding the fraudulent transaction.
• Bank statements showing unauthorized debits.
• A copy of your credit report showing the fraudulent loan or credit card.
• The Aadhaar authentication history from the UIDAI portal.
• Any digital evidence, such as emails or messages from the perpetrators.

How long will the investigation take? ⏳

The duration of a cybercrime investigation varies significantly. It depends on the complexity of the case, the digital trail left by the criminal, and the cooperation between different state police forces if the fraud is inter-state. These investigations can be lengthy, often taking several months to a few years to reach a conclusion. Patience and regular follow-ups with the police are key.

Advocate Sudhir Rao, Supreme Court of India