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

Mr. Alok Sharma, a resident of Jayanagar, recently found himself in a perplexing situation. He received an OTP message on his personal mobile number from the National Identity Authority of India (NIDAI) for an identity card that did not belong to him or anyone in his family. Concerned, he visited a local Identity Service Center for assistance. However, the staff informed him that they were unable to help as they could only see the last four digits of the identity card number and advised him to call the NIDAI helpline.

Mr. Sharma’s attempts to resolve the issue through the official helpline were futile, as he was met with an automated system that provided non-functional links. He is now worried about the potential misuse of his mobile number, which is wrongfully linked to an unknown individual’s official identity document. This situation raises serious concerns about data security and the risk of being implicated in fraudulent activities.

Advice in such cases

If your mobile number has been incorrectly linked to an unknown person’s identity card, it is crucial to act swiftly to protect yourself from potential liability and fraud. Here are the steps you should consider:

• Document Everything: Take screenshots of the OTP messages, note the date and time they were received, and keep a record of all your communications with the authorities, including any reference or complaint numbers.
• File a Formal Complaint: Do not rely on helplines alone. Draft a formal written complaint detailing the issue and send it via registered post with acknowledgment due (RPAD) to the regional office and headquarters of the National Identity Authority of India (NIDAI). This creates a solid paper trail.
• Report to Cyber Crime Cell: Since this involves digital identity and communication, you must file a complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or at your nearest police station’s cyber cell. This is a critical step to officially report the potential for identity theft.
• Inform Your Mobile Service Provider: While they may not be able to delink the number from the identity card, informing them of the situation and providing them with a copy of your police complaint can be a helpful precautionary measure.
• 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

Such a situation touches upon various laws designed to prevent identity theft and fraud. While it may begin as an administrative error, the potential for criminal misuse brings several legal provisions into play:

• The Information Technology Act, 2000: Section 66C of the IT Act specifically deals with punishment for identity theft. If someone has fraudulently used your mobile number, they could be prosecuted under this section.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If the person who linked your number did so with a dishonest intention, provisions of the BNS could apply. Section 318 (Cheating by personation) could be relevant if someone is impersonating you or another person to gain an advantage. Sections related to forgery (Sections 333-335) may also apply if documents were falsified to link the number.
• The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016: Section 35 of this Act penalizes impersonation by providing false demographic or biometric information. Section 36 addresses the act of intentionally suppressing material information to obtain an Aadhaar number. Your formal complaint can trigger an inquiry under these provisions against the unknown person.

If you are the complainant

As the person whose mobile number is being misused, you are the complainant. Your primary goal is to get the number delinked and create an official record to safeguard yourself against future legal trouble.

• Create a Timeline: Write down a clear sequence of events: when you received the first OTP, when you visited the service center, when you called the helpline, and when you filed complaints.
• Gather Your Proof: Collect all evidence, including your mobile bills to prove ownership of the number, screenshots of messages, and copies of your written complaints and postal receipts.
• File a Police Complaint: Go to the National Cyber Crime Reporting Portal or your local police station and file a detailed complaint. Clearly state your fear that your number could be used for illegal activities. Obtain a copy of the FIR or the complaint acknowledgment.
• Send a Legal Notice: Through a lawyer, send a legal notice to the NIDAI, demanding immediate action to delink your number and investigate the matter. This often prompts a faster response from government agencies.
• 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

In this scenario, you are the victim of a potential identity data breach. Your personal information (mobile number) has been compromised and linked to an unknown entity, making you vulnerable.

• Act Immediately: Do not wait for something to go wrong. The moment you realize your number is wrongly linked, begin the process of reporting it.
• Secure Your Other Accounts: Review the security of your bank accounts, emails, and social media profiles that use the same mobile number for recovery or OTPs. While the immediate threat is related to the unknown identity card, it’s good practice to be cautious.
• Follow Reporting Procedures: Meticulously follow the complaint procedures outlined above—formal complaint to the authority, police report, and legal notice. These documents are your shield.
• 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

Initially, the police might perceive this as a civil or administrative issue and may be reluctant to file an FIR, suggesting you resolve it with the NIDAI directly. However, you must insist on filing at least a formal complaint (a “diary entry” or a complaint on the cybercrime portal). Under the new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), there is a provision for filing a Zero FIR, which means you can file it at any police station regardless of jurisdiction, and it will be transferred later.

If you can demonstrate a clear risk of criminal activity or financial fraud, the police are more likely to take it seriously and register a case under the IT Act and the BNS. The investigation would then involve coordinating with the NIDAI and the mobile service provider to trace how and by whom your number was linked.

FAQs people normally have

Can the authorities delink my number without my consent?
The NIDAI has a process for updating mobile numbers, but it typically requires authentication from the identity card holder. When there’s a dispute like this, a formal complaint and investigation are necessary to override the standard procedure and correct the records.

What if a crime is committed using the identity card linked to my number?
This is the primary risk. If a crime occurs, your mobile number could be the first lead for investigators. However, the formal complaints, legal notices, and other evidence you have gathered will be crucial in proving that you had already reported the wrongful linkage and are not associated with the perpetrator.

Is it absolutely necessary to file a police complaint?
Yes. A police complaint serves as irrefutable, time-stamped evidence that you proactively reported the issue. It protects you from potential legal complications and demonstrates that you are a victim, not an accomplice.

What evidence is required?

To build a strong case and protect yourself, you should compile the following evidence:

• Screenshots of all OTPs and other related messages received.
• Your mobile phone bills or other documents proving your ownership and long-term use of the mobile number.
• A copy of the written complaint sent to the NIDAI, along with the registered post receipt (RPAD).
• The acknowledgment or FIR number from the police or cybercrime portal complaint.
• A copy of the legal notice sent through your advocate, if any.
• Any reference numbers or email correspondence with the authorities.

How long will the investigation take?

The timeline can vary. Getting the number delinked by the NIDAI through a formal complaint process could take anywhere from a few weeks to a couple of months. A police investigation, on the other hand, is more complex. It depends on identifying the unknown person, which can take several months. However, the primary goal of protecting yourself is achieved as soon as you have officially reported the matter.

Advocate Sudhir Rao, Supreme Court of India