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

Imagine you start receiving official-looking SMS notifications on your phone from a government department in a state you have no connection with. The messages confirm that a small payment, say ₹10, has been received for a subsidized meal under a public welfare scheme. The curious part is that each message mentions a different person’s name, like “Rakesh,” “Sunita,” or “Anil Kumar,” as the beneficiary. You have never registered for such a scheme, nor do you know any of these individuals. This situation, while seemingly minor, points towards a misuse of your personal information (your phone number) and could potentially entangle you in a larger issue of subsidy fraud. It’s crucial to understand the implications and the steps you can take to rectify the situation and protect yourself.

Advice in such cases

If your phone number is being misused in this manner, it is essential to act promptly and systematically. Ignoring these messages could lead to complications later on.

• Document Everything: Take screenshots of every single SMS you receive. Make sure the sender’s ID, the full message content, date, and time are clearly visible. Maintain a log of these messages.
• Do Not Engage with Unknown Links: If the messages contain any links, do not click on them. They could be phishing attempts designed to compromise your phone’s security.
• Report to the Concerned Department: Identify the government department mentioned in the SMS (e.g., “Pradesh Urban Development Authority”). Visit their official website to find a grievance redressal email address or a contact number. Send them a formal complaint explaining the situation, stating that your number is being used without your consent, and request its immediate removal from their database. Attach the screenshots as evidence.
• File a Cyber Crime Complaint: This is a critical step. You must file a formal complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in). This creates an official record that you have reported the misuse, which can protect you from any future liability.
• Consult with a 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 misuse of your phone number in this context involves several legal aspects, primarily concerning data protection, identity theft, and cheating.

• Information Technology Act, 2000: Section 66C of this Act deals with punishment for identity theft. Using someone’s unique identification feature, such as a phone number, fraudulently or dishonestly constitutes an offence. Section 43A may also be relevant, which holds a body corporate (including government agencies) liable for compensation if they fail to implement reasonable security practices to protect sensitive personal data.
• Bharatiya Nyaya Sanhita, 2023 (BNS): While you are not the direct financial victim, the act of using your number to avail benefits constitutes fraud against the government. The perpetrators could be liable under Section 318 of the BNS (Punishment for cheating by personation) and Section 316 of the BNS (Cheating and dishonestly inducing delivery of property). Your complaint helps bring this fraudulent activity to the notice of law enforcement.

If you are the complainant

As the person whose number is being misused, your role is that of a complainant and a vigilant citizen. Your goal is to get your number delinked and ensure you are not wrongly associated with the fraud.

• Gather all the SMS screenshots and create a clear timeline of events.
• File a well-detailed complaint on the cybercrime portal, explaining that you are a victim of data misuse.
• Draft a formal letter or email to the nodal officer or grievance cell of the concerned government department. Clearly state the facts and attach all evidence.
• Keep a record of all your communications, including the complaint acknowledgment number from the portal and any email responses.
• Consult with a 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 a victim of identity misuse. The primary harm is the violation of your data privacy and the potential risk of being associated with fraudulent activities.

• Your personal information (phone number) has been used without your consent, which is a breach of your privacy.
• There is a risk, however small, that you could be contacted or questioned during an investigation into the subsidy fraud. Having a record of your complaints is your best defense.
• You have the right to demand the correction of data from the entity holding it. The government department is obligated to remove your number from the scheme’s records upon being notified of the error.
• Consult with a 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

When you file a complaint on the cybercrime portal, it will be forwarded to the relevant state’s cyber police unit. Their response can vary.

• Initially, the police may treat it as a non-cognizable complaint and advise you to resolve it with the concerned government department directly.
• They are more likely to take active investigative steps if they receive multiple similar complaints, indicating a large-scale, organized scam.
• The police’s main focus will be on identifying the fraudsters who are illegally benefiting from the scheme, not on harassing the person whose number was misused.
• Your complaint serves as crucial evidence for them and protects you by demonstrating that you were proactive in reporting the issue.

FAQs people normally have

• Why is my number being used?
  It could be for several reasons: an honest mistake where someone entered a wrong digit during registration, a fraudster deliberately using a random number to create a fake beneficiary profile, or a data leak from another service where your number was stored.
• Can I be held legally responsible?
  As long as you have no connection to the scheme and you report the misuse promptly to the authorities (cyber police and the department), it is highly unlikely that you would be held responsible. Your complaint record is your proof of innocence.
• Will simply blocking the sender solve the problem?
  Blocking the sender will stop you from seeing the messages, but it will not solve the root problem. Your number will remain linked to the scheme in the department’s database, and the misuse will continue. It is crucial to get it formally delinked.

What evidence is required?

Strong evidence is key to a successful resolution. You should compile the following:

• Clear screenshots of all SMS messages received.
• The complaint acknowledgment number or a copy of the complaint filed on the National Cyber Crime Reporting Portal.
• Copies of any emails or letters you have sent to the government department regarding this issue.
• Any responses received from the department or the police.

How long will the investigation take?

The timeline can be divided into two parts. The administrative process of getting your number removed from the government department’s database can be relatively quick—from a few days to a few weeks—once you reach the right official. However, the police investigation into the actual fraud, if they choose to pursue it, is a much longer process and can take many months or even years to conclude. Your primary concern, the delinking of your number, should be your focus and can often be resolved much faster.

Advocate Sudhir Rao, Supreme Court of India