Lok Sabha Question No. 3888 (UNSTARRED), answered on 2017-08-09
Subject: Tampering with IMEI Number
Ministry: COMMUNICATIONS
Asked by: JYOTIRADITYA MADHAVRAO SCINDIA, GAURAV GOGOI

## GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS DEPARTMENT OF TELECOMMUNICATIONS

## LOK SABHA UNSTARRED QUESTION NO.3888 TO BE ANSWERED ON 9 TH   AUGUST, 2017

## TAMPERING WITH IMEI NUMBER

3888. SHRI JYOTIRADITYA M. SCINDIA: SHRI GAURAV GOGOI:

Will the Minister of COMMUNICATIONS be pleased to state:

- (a) whether  the  Government  proposes  to  make  tampering  of  IMEI  number  in mobile devices a punishable offence;
- (b) if so, the details thereof;
- (c) whether a large number of mobile phones/devices are in operation with fake IMEI numbers;
- (d) if so, the details thereof and whether the use of mobile device with fake IMEI is posing threat to the security of the nation; and
- (e) if so, the details thereof and the steps Union Government proposes to take in this regard?

## ANSWER

## THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI MANOJ SINHA)

- (a) & (b) Yes Madam,  Department of Telecommunications (DoT) is under process to frame 'The prevention of tampering of Mobile  Device  Equipment Identification Number, Rules 2017' under Section 7(2) read with Section 25 of Indian Telegraph Act 1885 to prevent the tampering of mobile device equipment identification number by making intentional removal, obliteration, change or altering of mobile  phone  equipment  identification  number  an  illegal  offence  except  for  the manufacturer.

(c) to (e) Incidences  of  use  of  mobile  phones/devices  with  fake  International Mobile Equipment Identity (IMEI) have come to the notice of the government. Mobile phones/devices with fake IMEI make tracing of the lost/or stolen handsets difficult. It is  to  be  noted  that  IMEI  is  allotted  to  mobile  phones/devices  by  Global  System  for Mobile Association (GSMA) through its reporting bodies, which maintains list of IMEI allocated. However, DoT is implementing Central Equipment Identity Register (CEIR) in  a  phased manner with an aim to curtail the counterfeit mobile phone market and discourage mobile phone theft, in order to protect consumer interest and facilitate law enforcement  authorities for lawful interception. CEIR  intends  to  connect IMEI database of all mobile Operators and act as a central system for all telecom network operators  to  share  black  listed  mobile  terminals  so  that  devices  blacklisted  in  one network will not work on other networks even if the Subscriber Identity Module (SIM) card in the mobile device is changed. Government has also taken following steps in this regard:

- (i)  The  instructions  have  been  issued  by  DoT  vide  letter  dated  27.11.2009 directing all the telecom service providers that calls from mobile handsets with any IMEI number which is not available in the latest updated IMEI database of Global System for Mobile Association (GSMA) or without IMEI or with zeroes only as IMEI should not be processed and must be rejected with effect from 30.11.2009.
- (ii)  After  due  consultations  with  Ministry  of  Home  Affairs,  Directorate  General  of Foreign  Trade  (DGFT),  Central  Board  of  Excise  and  Customs  (CBEC)  and Industry,  the  amended  Notification  has  been  issued  vide  No.  107/  (RE2013)/2009-2014  dated  16th  January,  2015  which  prohibits  import  of  'GSM Mobile Handsets' without IMEI No. , with all zeroes IMEI, duplicate IMEI or fake IMEI  and  CDMA  mobile  phones  without  Electronic  Serial  Number  (ESN)/ Mobile  Equipment  Identifier  (MEID),  with  all  zeroes  as  ESN/MEID,  duplicate ESN/MEID or fake ESN/MEID with immediate effect.
- (iii)  In  collaboration  with  GSMA  which  allocates  IMEI,  the  IMEI  Cloning  and Duplication Restriction (ICDR) system has been installed across the country for validation of genuine IMEI by the customs authorities. DoT in consultation with CBEC  has  issued  a  Standard  Operating  Procedure  (SOP)  for  validation process of genuine IMEI at the ports of import to ensure that mobile handsets with fake / duplicate IMEI are prevented from entry into the country.
- (iv) DoT also provides technical assistance in detection of mobile handsets, as and when required by the Law Enforcement Agencies (LEAs).

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