Tampering with mobile IMEI non-bailable offence, attracts 3-yr imprisonment, Rs 50 lakh penalty: DoT

New Delhi, Nov 17 (PTI) Tampering with telecom identifiers, including the 15-digit IMEI number of mobile phones, are non-bailable offences and can lead to imprisonment of up to three years, fines up to Rs 50 lakh, or both, the Department of Telecom said on Monday.

In an advisory issued to all manufacturers, brand owners, importers, and sellers, the Department of Telecom (DoT) asked them to comply fully with the laid legal framework.

"The Telecommunications Act, 2023 imposes stringent penalties for tampering with telecommunication identifiers, including IMEI numbers... Penalties for violation include imprisonment for up to three years, fines up to Rs 50 lakh, or both," the advisory said.

Tampering of telecom identifiers or International Mobile Equipment Identity (IMEI) makes it challenging for law-enforcement agencies to track criminals.

"To secure telecom networks and prevent counterfeit devices, the Government of India mandates strict regulations on International Mobile Equipment Identity (IMEI) registration and prohibits tampering, under the Telecommunications Act, 2023 and the Telecom Cyber Security Rules, 2024," the advisory said.

Under the Telecommunications Act, 2023, even willful possession of any radio equipment like mobile handset, modem, module, SIM box, etc, knowing that it uses unauthorised or tampered telecommunication identifiers, is also an offence.

"These offences are cognizable and non-bailable under Section 42(7) of the Act. Section 42(6) provides identical punishment for those who abet or promote such offenses," the advisory said.

The Telecom Cyber Security Rules, 2024 prohibits any person to intentionally remove, obliterate, change, or alter the unique telecommunication equipment identification number; or use, produce, traffic in, have control or custody of, or possess hardware or software related to the telecommunication identifier or telecommunication equipment, knowing it has been configured as specified above.

The Telecom Cyber Security Rules, 2024 prohibit any person to intentionally remove, obliterate, change, or alter the unique telecommunication equipment identification number; or use, produce, traffic in, have control or custody of, or possess hardware or software related to the telecommunication identifier or telecommunication equipment, knowing it has been configured as specified above.

"Use of devices which have capability of programmable IMEIs tantamount to tampering with the IMEI and shall attract legal provisions as per the Act and Telecom Cyber Security Rules, 2024. Manufacturers, brand owners, importers, sellers, re-sellers, retailers should be aware that manufacturing, procuring, assembling or using devices with tampered or configurable IMEI numbers can result in serious legal consequences," the advisory said.

As per the Telecom Cyber Security Rules, 2024, manufacturers are required to register the IMEI number of every device like mobile handset, module, modem, SIM Box, etc, bearing IMEI manufactured in India with the government prior to first sale, testing, research & development (R&D) or any other purpose on Device Setu (Indian Counterfeited Device Restriction (ICDR) portal.

The rules also mandate importers to register IMEI numbers with the centre before importing any equipment (like mobile handset, module, modem, SIM Box, etc) bearing IMEI into India for sale, testing, research and development or any other purpose on the Device Setu -- (Indian Counterfeited Device Restriction (ICDR) portal.

"DoT emphasises that these regulations are essential for maintaining telecom cyber security, preventing counterfeiting, facilitating law enforcement, and ensuring proper tax collection. Strict compliance protects India's telecom infrastructure from counterfeit and tampered devices, supports law enforcement, and ensures tax and regulatory adherence. Failure to comply attracts stringent legal penalties," the advisory said. PTI PRS TRB