Someone is using my photo and Aadhaar details to create fake accounts, what law applies?

Question

My identity documents are being misused online to open accounts or take loans in my name. Specifically, I want to know how Information Technology Act, 2000 – Section 66C applies to a situation like mine and what the cyber law position in India actually is. If there is a deadline I should be aware of, I need to know that now.

MyVakeel Legal Desk · Accepted Answer

Someone is using my photo and Aadhaar details to create fake accounts, what law applies? is governed in India primarily by Information Technology Act, 2000 – Section 66C, Information Technology Act, 2000 – Section 66D, Aadhaar Act, 2016 – Section 29 and Digital Personal Data Protection Act, 2023 – Section 8. Outcomes in identity theft disputes depend heavily on documentation, so check what you can actually evidence as you read.

Section 66C of the IT Act punishes identity theft — fraudulent or dishonest use of another person's electronic signature, password or unique identification feature — with up to 3 years imprisonment and a fine of up to Rs 1 lakh.

If the impersonation is used to cheat someone (e.g. taking a loan in your name), Section 66D adds cheating by personation using a computer resource, also punishable up to 3 years.

Section 29 of the Aadhaar Act restricts sharing of Aadhaar core biometric information, and unauthorised use can separately attract penalties under Section 37 of that Act.

Under the DPDP Act, 2023, the entity that let your data leak or be misused may be liable if it failed its Section 8 duty to implement reasonable security safeguards, and the Data Protection Board can levy penalties up to Rs 250 crore on a data fiduciary.

You should also inform CIBIL/credit bureaus so any fraudulent loan does not damage your credit score while the police investigation is pending.

What to do next: 1) File a complaint at cybercrime.gov.in citing Section 66C and 66D; 2) Send a written dispute to the bank/NBFC that sanctioned the fraudulent loan; 3) Raise a dispute with credit bureaus to freeze/correct your credit report; 4) Consult a cyber lawyer to send a legal notice to the platform hosting the fake account.

If you are unsure whether your facts fall inside Information Technology Act, 2000 – Section 66C, that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in cyber law.