Department of Telecommunications (DoT) cautions about misuse of telecom resources

The Department of Telecommunications (DoT) has launched several initiatives aimed at preventing the misuse of telecommunications resources in relation to cybercrime and financial fraud. Criminals are employing a range of strategies to exploit these resources.

Instances have been reported where offenders obtain Subscriber Identity Module (SIM) cards or other telecommunications identifiers, such as SMS headers, to disseminate bulk messages to the public through deceitful means, including fraud and impersonation. Additionally, it has been noted that some individuals acquire SIM cards in their own names and subsequently transfer them to others for use. In certain situations, the individuals receiving these SIM cards misuse them for cyber-related fraud, thereby implicating the original cardholder as well.

Furthermore, there have been reports of SIM cards being obtained using counterfeit documents, fraudulent practices, or impersonation, which constitutes an offense under the Telecommunication Act of 2023. It has also been discovered that Points of Sale may be complicit in facilitating these illicit procurements, thereby contributing to the commission of the offense.

Moreover, there are cases where offenders alter telecommunications identifiers, such as Calling Line Identity (CLI), commonly known as phone numbers, through various methods, including mobile applications. Other unique telecommunications identifiers, such as IP addresses, IMEI numbers (which identify mobile handsets), and SMS headers, are also manipulated to send fraudulent messages.

All such activities violate the provisions of the Telecommunication Act, 2023 and are considered offence under this Act. Section 42 (3) (c) of the Telecommunications Act, 2023 specifically bars tampering of telecommunication identification. Further, Section 42 (3) (e) prohibits a person from obtaining subscriber identity modules or other telecommunication identifiers through fraud, cheating or impersonation. Section 42 (7) of the said Act envisages that such offences are cognizable and non-bailable notwithstanding anything contained in the Code of Criminal Procedure, 1973