If you are stuck in such a situation, here is what to do.
One evening, Priya, a recently married woman from the city of Aryavarta, received a startling SMS. The message, seemingly from the official Supreme Court of India portal, provided an “inward number” for a grievance filed in her name. Her initial thought was that it must be a sophisticated phishing scam. However, driven by a flicker of curiosity, she decided to verify it. She cautiously navigated to the official Supreme Court website through a search engine and entered the grievance number.
To her utter shock and dismay, the grievance was real. The portal displayed her full name and her city, Aryavarta, under the applicant’s details. The entry specified that the grievance was “received from Rohan.” Priya’s mind raced; she had never filed any complaint, nor did she know anyone by the name of Rohan. As a homemaker who rarely interacted with strangers, she was baffled and deeply concerned about how her personal information was used to file a complaint without her knowledge or consent. She felt vulnerable and anxious, wondering if someone had mistakenly used her details or if this was a malicious act of identity theft.
Advice in such cases
Do Not Panic: The first step is to remain calm. Panicking can lead to hasty decisions. Understand that this is a manageable situation, though it requires careful handling.
Verify the Information: As the person in the story did, always verify the authenticity of such messages on the official website of the concerned authority. Never click on links in suspicious messages.
Preserve Evidence: Take screenshots of the SMS, the web page on the Supreme Court portal showing the grievance details, and any other related communication. This will be crucial evidence.
Inform the Authority: Immediately write to the Registrar of the Supreme Court of India, informing them that the grievance has been filed fraudulently using your identity without your consent. Request them to nullify the grievance and disassociate your name from it.
File a Police Complaint: Report the matter to your nearest police station or the cybercrime cell. This is a case of identity theft and impersonation.
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 an act involves several criminal offenses under Indian law. The investigation will likely involve the following statutes:
The Bharatiya Nyaya Sanhita, 2023 (BNS): Section 318 of the BNS, which deals with “Cheating by personation,” would be applicable. It penalizes anyone who cheats by pretending to be some other person.
The Information Technology Act, 2000:
- Section 66C: This section deals with punishment for identity theft. Using someone’s electronic signature, password, or other unique identification feature without their permission is a punishable offense.
- Section 66D: This section addresses punishment for cheating by personation by using a computer resource or a communication device.
If you are the complainant
In this context, you are the “complainant” on paper but a victim of impersonation. Here is what you should do:
File a Cybercrime Complaint: Immediately file a complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or with your local cybercrime police station. Provide all the evidence you have collected.
Notify the Supreme Court Registry: Formally write a letter or email to the Supreme Court Registry, explaining the situation. Attach a copy of your police complaint and request that the fraudulent grievance be expunged from their records.
Monitor the Status: Keep a check on the status of your police complaint and the response from the Supreme Court Registry.
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
As the victim whose identity has been stolen and misused, your primary goal is to clear your name and ensure the perpetrator is held accountable.
Immediate Reporting: Do not delay. The sooner you report the incident to the police and the Supreme Court, the better. This creates an official record that you acted promptly to rectify the fraud.
Secure Your Digital Identity: Review the security of your email and social media accounts. Change passwords and enable two-factor authentication where possible, as your data might have been compromised from an online source.
Follow-Up Diligently: Legal and administrative processes can be slow. You or your lawyer must follow up regularly with the police on the investigation’s progress and with the court registry to ensure your name is cleared.
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 of this nature, the police, particularly the cybercrime cell, are expected to register a First Information Report (FIR) under the relevant sections of the BNS and the IT Act. They will initiate an investigation to trace the digital footprint of the person who filed the grievance. This involves tracking the IP address from which the grievance was submitted, the mobile number used for the OTP verification (if any), and other electronic evidence. While the police are trained to handle such cases, the process can sometimes be slow due to the technical complexities and caseload. Persistence and regular follow-ups are key.
FAQs people normally have
What if I ignore the message, assuming it’s a scam?
Ignoring it is risky. If the grievance is genuine (even if fraudulently filed), it will remain active in the system under your name. This could lead to unforeseen legal complications or inquiries directed at you in the future. It is always best to verify and take corrective action.
How could someone get my name and phone number?
Personal data can be obtained through various means, including data breaches of services you’ve used, public information on social media, or from someone who knows you and has access to your details. It is often difficult to pinpoint the exact source of the leak.
Will I have to go to court for this?
Initially, you will need to interact with the police for your complaint. If the police identify and prosecute the accused, you may be required to testify as a witness. However, your lawyer will guide you through the process. Your primary role is that of a victim-complainant trying to clear your name.
What evidence is required?
To build a strong case, you will need to provide the following evidence:
- A screenshot or a clear photo of the SMS you received.
- Screenshots of the Supreme Court grievance portal showing the details of the complaint filed in your name.
- A copy of your official ID (like Aadhaar or PAN card) to prove your identity.
- A copy of the formal complaint/letter you send to the Supreme Court Registry.
- The FIR or complaint acknowledgment number from the police/cybercrime portal.
How long will the investigation take?
The duration of a cybercrime investigation can vary significantly. Tracing a digital perpetrator can be complex, especially if they have used sophisticated methods to hide their identity (like VPNs or public Wi-Fi). It can take anywhere from a few weeks to several months or even longer. Your lawyer can help in liaising with the police to ensure the investigation proceeds efficiently.
Advocate Sudhir Rao, Supreme Court of India