New Delhi. If you think that you have bought the mobile phone by spending your own money and it is your property then you are absolutely mistaken. Even if you are using your mobile, if its identity is tampered with, the Department of Telecommunications can arrest you. Under the Telecom Act 2023, any tampering with the IMEI number of your mobile can lead to imprisonment for up to 3 years and a fine of Rs 50 lakh.
The Department of Telecommunications has said that tampering with telecommunication identity elements, including the 15-digit IMEI number of a mobile phone, is a non-bailable offense punishable with imprisonment of up to three years and a fine of up to Rs 50 lakh, or both. In an advisory issued to all manufacturers, brand owners, importers and sellers, the Department of Telecommunications has asked them to fully comply with the prescribed legal framework.
Why is there a provision for punishment?
In the advisory issued by the Telecom Department, it was said that the Telecommunication Act, 2023 provides for stringent punishment for tampering with things related to telecom identity including IMEI number. Violation may result in imprisonment of up to three years, fine up to Rs 50 lakh, or both. Tampering with telecommunication identity or International Mobile Equipment Identity (IMEI) makes it challenging for law enforcement agencies to track criminals. This is the reason why it has been kept in the category of non-bailable crime.
What is the use of IMEI number?
The DoT advisory said that to secure the telecom network and prevent counterfeit devices, the Government of India has imposed strict rules on International Mobile Equipment Identity (IMEI) registration under the Telecom Act, 2023 and Telecom Cyber Security Rules, 2024 and to prevent tampering. Under the Telecommunications Act, 2023, knowingly possessing any radio equipment such as mobile handset, modem, module, SIM box, etc., with the knowledge that it contains unauthorized or tampered telecommunication identification devices, is an offence.
When can it become difficult?
According to the advisory, these offenses are cognizable and non-bailable under Section 42(7) of the Act. Section 42(6) provides for similar punishment for those who commit or abet such crimes. The Telecom Cyber Security Rules, 2024 prohibit any person from knowingly removing, erasing, altering or modifying a unique telecommunication equipment identification number or using, producing, transporting, controlling or possessing or using a telecommunication identifier or hardware or software related to a telecommunication equipment.
This crime is also serious
According to the DoT, using devices that have the capability of having a programmable IMEI amounts to tampering with the IMEI and will be subject to legal provisions as per the Act and the Telecom Cyber Security Rules, 2024. Manufacturers, brand owners, importers, sellers, resellers, retailers should be aware that manufacturing, purchasing, assembling or using devices with tampered or ‘configurable’ IMEI numbers may have serious legal consequences.
Use these devices with caution
The Telecom Rules also mandate importers to register the IMEI number on the Device Setu – Indian Counterfeit Devices Ban (ICDR) portal before importing any device containing IMEI (such as mobile handset, module, modem, SIM box, etc.) into India for sale, testing, research and development or any other purpose.
Why made such strict provisions
The Department of Telecommunications emphasizes that these rules are necessary to maintain telecom cyber security, prevent fraud, facilitate law enforcement and ensure proper tax collection. Strict compliance protects India’s telecom infrastructure from counterfeit and tampered devices, supports law enforcement and ensures tax and regulatory compliance.
