BNS Section 305 - Identity Theft

Whoever fraudulently or dishonestly makes use of the electronic signature, password or any other unique identification feature of any other person, shall be punished.

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Bailable, Cognizable

Official Text

Whoever fraudulently or dishonestly makes use of the electronic signature, password or any other unique identification feature of any other person, shall be punished.

Legal Analysis

Elements to Prove:

  • Fraudulent or dishonest use.
  • Of electronic signature or password.
  • Belonging to another person.

Potential Defenses:

  • Authorized use.
  • No fraudulent intent.
  • Lawful access.

Practical Examples

What Constitutes the Offense:

Using someone else's password, stealing digital signatures, impersonating online identities.

What Doesn't Constitute:

Authorized use, legitimate access, or lawful identity verification.

Punishment

Imprisonment up to 3 years, and Fine