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. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

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. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

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 the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Information Technology Act, 2000 – Section 66C carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. 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 this practice area.