Lok Sabha Question No. 1641 (UNSTARRED), answered on 2015-12-09
Subject: Duplicate IMEI
Ministry: COMMUNICATIONS AND INFORMATION TECHNOLOGY
Asked by: GAJENDRA SINGH SHEKHAWAT

## GOVERNMENT OF INDIA

## MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY DEPARTMENT OF TELECOMMUNICATIONS

## LOK SABHA

## UNSTARRED QUESTION NO.1641 TO BE ANSWERED ON 9 th  DECEMBER, 2015

## DUPLICATE IMEI

## 1641. SHRI GAJENDRA SINGH SHEKHAWAT:

Will  the  Minister  of  COMMUNICATIONS  AND  INFORMATION  TECHNOLOGY be pleased to state:

- (a) whether  the  Government  is  aware  of  a  certain  software  that  is  embedded  in some  of  the  mobiles  currently  being  used  in  the  Indian  market,  that  can  change  or duplicate the International Mobile Equipment Identity (IMEI), a number which is unique to each phone;
- (b) if  so,  the  details  thereof  and  whether  the  Government  proposes  to  ban  this software;
- (c) if so, the details thereof; and
- (d) the steps proposed to be taken to address this issue?

## ANSWER

## THE MINISTER OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

- (a) Madam,  incidences  have been reported of changing International Mobile equipment Identity (IMEI) of mobile phones with help of software's available in market. However, there is no specific incidence reported about any software that is embedded in  some of the mobiles currently being used in the Indian market that can change or duplicate the International Mobile Equipment Identity (IMEI).
- (b)  & (c)   There is no provision to ban any specific software in Indian Telegraph Act 1885.  Even  if  it  is  decided  to  incorporate  such  provisions  it  may  not  yield  any  result since  such  software  can  be  renamed  and  modified  any  time.  However,  anybody indulging in this illegal activity can be dealt under Section 25 of Indian Telegraph Act 1885 which deals with intentionally damaging or tampering with telegraph and mobile handset is a part of telegraph.
- (d) To address the issue, steps taken by the Government are as follows:
- (i) After due consultations with Ministry of Home Affairs, Directorate General of  Foreign  Trade  (DGFT),  Department  of  Customs  and  Industry,  the  amended Notification has been issued vide No. 107/ (RE-2013)/2009-2014 dated 16 th January, 2015 which prohibit Import of 'GSM Mobile Handsets' (classified under ITC (HS) code '8517')  without  International  Mobile  Equipment  Identity  (IMEI)  No.  ,  with  all  zeroes IMEI, duplicate IMEI or fake IMEI  and  'CDMA mobile phones '(classified under ITS (HS)  code  '8517')  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 .

Contd…….2/-

(ii) 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 GSMA or without IMEI or all 'Zero' as IMEI should not be processed and must be rejected with effect from 30.11.2009.

(iii) Anybody indulged in this illegal activity can be dealt under Section 25 of Indian Telegraph Act' 1885 which deals with intentionally damaging or tampering with telegraphs and mobile handset is a part of handset.

(iv) In  collaboration  with  GSMA  which  allocate  IMEI,  the  IMEI  Cloning  and Duplication  Restriction  (ICDR)  system  has  been  installed  across  the  country  for validation  of  genuine  IMEI  by  the  Import  wing  of  customs  department.  DoT  in consultation with Customs department has issued a Standard Operating Procedure (SOP)  vide  letter  no  13-11/2014/S-II  dated  29.05.2015  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.

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