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What is the punishment for identity theft in India?

26-Jun-2026
Cyber Crime

Answer By law4u team

Identity theft in India is a punishable criminal offence under cyber and criminal laws. Relevant laws: Information Technology Act, 2000 Bharatiya Nyaya Sanhita What is identity theft: Using someone else’s identity, such as: Passwords or OTPs Aadhaar, PAN, or bank details Digital signatures Social media or email accounts For cheating, fraud, or illegal gain Punishment: Imprisonment up to 3 years Fine up to ₹1 lakh (or more depending on facts) Or both imprisonment and fine In serious cases: If identity theft is used for financial fraud, cybercrime, or large-scale cheating: Punishment can increase depending on the offence (cheating, forgery, criminal conspiracy) Multiple sections may apply together Common examples: Fake loan or investment scams using stolen identity UPI or banking fraud using someone’s details Creating fake social media profiles SIM swap fraud or OTP theft Legal action: FIR can be filed at cyber crime police station Complaint can be registered on cybercrime portal Banks and platforms can be ordered to freeze accounts Devices and accounts used in crime can be seized Conclusion: Identity theft is a serious cybercrime in India and is punishable with imprisonment and fine under both cyber and criminal laws.

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