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

Mr. Sameer, a university student from Nagpur, was trying to sell some exclusive digital collectibles online. A prospective buyer, who identified himself as “Rajesh,” expressed keen interest. To build trust before transferring the payment, Rajesh insisted that Sameer share a photo of his Aadhaar card for “identity verification.” Hesitantly, Sameer sent a clear picture of his Aadhaar card via a messaging app. A few weeks later, during a larger transaction for a rare item valued at a significant amount, Rajesh received the item but then blocked Sameer on all platforms without making the payment.

The situation escalated when Rajesh, using a different number, sent Sameer a picture of another person’s Aadhaar card, claiming, “This is the person who actually scammed me, go after him.” This act of deflection made Sameer extremely anxious. He realised that the scammer not only cheated him out of money but also possessed his Aadhaar card details, which could be circulated and used for malicious purposes, potentially implicating Sameer in future scams orchestrated by Rajesh.

Advice in such cases

• Stay Calm and Document Everything: Do not panic. Take screenshots of all conversations with the scammer, including their phone number, social media profiles, and any UPI IDs used. Preserve all digital evidence.
• Secure Your Aadhaar: Immediately lock your Aadhaar biometrics through the official UIDAI website or the mAadhaar app. This prevents its use for authentication at banks, telecom companies, or other services. Also, check your Aadhaar authentication history for any unauthorised access.
• Report the Incident: File a formal complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by calling the helpline number 1930. You can also approach the Cyber Crime Cell of your local police station.
• Inform Your Bank: If any bank accounts are linked, inform your bank about the potential identity theft to monitor for suspicious activity.
• 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 cases involve multiple offences under Indian law. The investigation will likely invoke provisions from the Bharatiya Nyaya Sanhita (BNS), the Information Technology Act, and the Aadhaar Act.

• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with cheating. Since the scammer dishonestly induced you to deliver property (digital goods), this section is directly applicable.
• Section 66C of the Information Technology Act, 2000: This section punishes identity theft. If the scammer uses your Aadhaar details to impersonate you, they can be prosecuted under this law.
• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This pertains to criminal intimidation. If the scammer threatens to misuse your data to cause harm to your reputation or property, this section may apply.
• The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016: Section 38 of this Act penalises the unauthorised sharing and use of an individual’s core biometric or identity information.

If you are the complainant

As the person who has been directly scammed and whose data is at risk, you are the primary complainant. Your role is crucial in initiating the legal process.

• File a Detailed Complaint: When filing an FIR or a complaint on the cyber portal, provide a clear, chronological account of events. Attach all the evidence you have collected.
• Cooperate with the Investigation: The police will require your statement and may ask for your devices for forensic analysis. Full cooperation is key to a successful investigation.
• Follow Up: Keep in regular contact with the investigating officer to know the status of your case. Your persistence can make a significant difference.
• 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 applies if you discover that your identity (like your Aadhaar details) has been used by a scammer to cheat someone else, as happened to the third person in our story whose Aadhaar was sent to Sameer.

• Immediate Reporting: If someone informs you that your identity documents are being misused, immediately file a complaint with the cyber police. This creates a record that you are a victim, not a perpetrator.
• Public Notice (Optional but Recommended): In some cases, issuing a notice in a local newspaper clarifying that your documents have been stolen and are being misused can serve as a public declaration and safeguard you from future liabilities.
• Preserve Communication: Keep a record of how you were informed about the misuse of your identity. This will be a key piece of evidence in your defence.
• 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 Cyber Crime Cell typically initiates a preliminary inquiry. They will use the technical evidence provided (phone numbers, UPI IDs, IP addresses) to trace the accused. The process involves coordinating with banks, telecom service providers, and social media companies to gather data about the perpetrator. However, investigations can be slow, as scammers often use fake profiles, burner phones, and mule accounts to hide their tracks. Jurisdiction can also be a challenge if the scammer operates from a different state. Despite these hurdles, police are increasingly equipped to handle such crimes, and a well-documented complaint significantly improves the chances of catching the culprit.

FAQs people normally have

Can a scammer get a loan or a credit card with just a photo of my Aadhaar card?
It is difficult, but not impossible. Legitimate financial institutions require multiple layers of verification, including PAN card details, CIBIL scores, and often in-person or video KYC. However, a stolen Aadhaar can be used to apply for loans from unscrupulous digital lending apps that have lax verification processes. Locking your Aadhaar is the best defence.

Can they get a new SIM card in my name?
Getting a new SIM card now requires mandatory biometric (fingerprint or iris) verification. Therefore, it is highly unlikely that someone can get a SIM with just a photo of your Aadhaar. However, you should still be cautious and report the matter.

What is the worst that can happen?
The biggest risk is that your Aadhaar details are used to impersonate you in other crimes. The scammer might use your identity to cheat others, making you appear as the perpetrator. This could lead to legal complications, which is why filing an immediate police complaint is essential to establish yourself as a victim from the outset.

What evidence is required?

To build a strong case, you must collect and submit the following evidence:

• Screenshots of the entire conversation with the scammer across all platforms (WhatsApp, Facebook, etc.).
• The scammer’s phone number(s) and any other contact details.
• All UPI IDs or bank account numbers to which you were asked to send money or which were used by the scammer.
• Transaction details and bank statements if any money was lost.
• A copy of the Aadhaar card photo that you shared with the scammer.
• Any social media profile links or other identifiers of the scammer.

How long will the investigation take?

The duration of a cybercrime investigation varies greatly. It can take anywhere from a few months to over a year. The timeline depends on factors like the quality of evidence provided, the digital trail left by the scammer, the speed of response from banks and telecom companies, and whether the case involves multiple states. It is a complex process that requires patience and persistent follow-up.

Advocate Sudhir Rao, Supreme Court of India