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

Mr. Sharma, a resident of Navipur, recently allowed his acquaintance, Mr. Verma, to take a photograph of his national identity card (both front and back) for what seemed like a legitimate purpose at the time. However, Mr. Sharma is now anxious about the potential consequences. He is concerned about the worst-case scenarios, such as identity theft, financial fraud, or other malicious activities that could be carried out using his identity details. He is seeking clarity on the actual risks involved and what steps he should take to protect himself.

Advice in such cases

Sharing images of your identity documents carries significant risks. Here is some advice on how to handle such a situation:

• Immediately contact the person who has the images and request them to delete the photos permanently in your presence.
• Continuously monitor your bank accounts, credit card statements, and credit reports for any unauthorized or suspicious activity.
• Be extremely cautious of phishing emails, calls, or messages asking for OTPs or other sensitive information, as your data might be used to make these attempts seem more legitimate.
• If the ID card in question has a feature to lock biometrics (like Aadhaar), it is wise to do so immediately through the official portal to prevent misuse.
• File a precautionary complaint with your local police station or, more effectively, on the National Cyber Crime Reporting Portal to create a legal record of the event.
• Consult with Lawyer: The very basic and important step to start is to talk to a lawyer/advocate. You should not hesitate in paying his consultation fee, which might be in the range of Rs. 10,000 to Rs. 50,000, depending on the case. He is helping you come out of this situation. He is an expert in the domain and can help you understand the procedure, which you might have never explored. A good lawyer can get the issues resolved in 7-10 days.

Applicable Sections of Law

Several laws can be invoked if your identity documents are misused. The primary statutes include the Information Technology Act, 2000, and the new Bharatiya Nyaya Sanhita, 2023 (BNS).

• Section 66C of the Information Technology Act, 2000: This section penalizes identity theft. If someone fraudulently uses your electronic signature, password, or any other unique identification feature, they can be imprisoned for up to three years and fined.
• Section 66D of the Information Technology Act, 2000: This section deals with cheating by personation using a computer resource. Misusing your ID online to deceive someone falls under this provision, which also carries a penalty of imprisonment up to three years and a fine.
• Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section defines cheating. If someone uses your ID to deceive and induce someone to deliver property or do something they wouldn’t otherwise do, it constitutes cheating.
• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section specifically addresses cheating by personation. Posing as someone else (using their ID) to commit fraud is a serious offense under this law.

If you are the complainant

If you are the person who has taken a photograph of someone’s ID, you must understand the serious legal implications. Possessing such sensitive data without a lawful purpose is risky, and any misuse, even unintentional, can lead to severe consequences. It is in your best interest to delete the images immediately and inform the concerned individual that you have done so. Using someone’s identity for any unauthorized purpose, such as obtaining a SIM card, applying for a loan, or creating fake profiles, is a criminal offense that will attract prosecution under the IT Act and the BNS.

If you are the victim

If you are the one whose ID has been photographed and you fear misuse, you must act proactively to protect yourself.

• Your first step should be to file a formal complaint. You can do this at your nearest police station or online through the National Cyber Crime Reporting Portal (www.cybercrime.gov.in). An online complaint is often faster and creates an immediate digital record.
• In your complaint, provide all relevant details: the name and contact information of the person who took the photo, the date and time of the incident, the reason given for taking the photo, and why you are now concerned.
• Preserve all communication related to this incident, such as text messages, WhatsApp chats, or emails. This will serve as crucial evidence.
• Proactively inform your bank and other financial institutions that your identity document has been compromised. They can put your accounts on high alert for fraudulent activity.

How the police behave in such cases

Police response can vary. Initially, if no financial loss or cognizable offense has occurred, they might be reluctant to file a First Information Report (FIR). They may suggest making a record in the General Diary (GD), which is a precautionary step. However, you should insist on a formal complaint, especially with the Cyber Crime Cell, explaining the potential for serious crimes like identity theft and financial fraud. Under the new procedural laws of the Bharatiya Nagarik Suraksha Sanhita (BNSS), there is a mandate for police to record information about any potential offense. The police will likely summon the person who has the photograph for questioning and instruct them to delete it.

FAQs people normally have

Can someone get a loan in my name with a photo of my ID?
While difficult with major banks, it is possible with some digital lending apps or fintech companies that may have less stringent Know Your Customer (KYC) verification processes. If this happens, it amounts to serious financial fraud, and your prior police complaint will be crucial in proving your innocence.

Can they get a new SIM card using my ID?
Yes, this is one of the most common forms of misuse. A SIM card obtained fraudulently in your name can be used for criminal activities, making you a suspect. Locking your biometrics and filing a police complaint are important safeguards.

What is the very first thing I should do?
The two most important first steps are: 1) File a complaint on the National Cyber Crime Reporting Portal to create an official time-stamped record. 2) Consult a lawyer who can guide you through the legal formalities and help you take preventive action.

What evidence is required?

To support your complaint, you should gather as much evidence as possible. This includes:

• A copy of your identity card that was photographed.
• Any communication (e.g., WhatsApp chats, SMS, emails) with the person who took the photo, especially any messages where they admit to having the images.
• The name, phone number, and any other details of the person who has the images.
• If fraud has already occurred, you will need bank statements, transaction records, and any communications from the fraudsters.

How long will the investigation take?

The duration of an investigation depends on the case’s complexity. A preliminary inquiry where the police simply summon the other party and ensure the deletion of data might be resolved within a few weeks. However, if a crime has been committed and the case requires a full-fledged investigation, including cyber forensics to trace digital evidence, it can take several months or longer. The timeline is influenced by the cooperation of the parties, the digital trail left by the accused, and the workload of the investigating agency.

Advocate Sudhir Rao, Supreme Court of India