Under the Telecommunications Act, 2023, what punishment can tampering with a telecommunication identifier attract?
- A.Imprisonment up to one year or a fine up to Rs 10 lakh
- B.Imprisonment up to three years or a fine up to Rs 50 lakh, or both
- C.Only a fine, with no provision for imprisonment
- D.Imprisonment up to seven years with no fine
Show answer
Correct answer: B. Imprisonment up to three years or a fine up to Rs 50 lakh, or both
Explanation
The correct answer is imprisonment of up to three years or a fine of up to fifty lakh rupees, or both. The prohibition itself sits in Section 42(3)(c) of the Act, which bars tampering with telecommunication identifiers, while the neighbouring clause covers obtaining SIMs or identifiers through fraud, cheating or impersonation. The first option is wrong because it understates both the jail term and the maximum fine laid down. The third option is wrong because the statute plainly provides for imprisonment as well as a fine, and indeed allows both together. The fourth option is wrong on two counts: it stretches the term of imprisonment beyond what the Act prescribes and it wrongly removes the fine. Two further points are worth carrying: such offences are cognizable and non-bailable under Section 42(7), and under Section 42(6) a person who abets or promotes the offence is liable to the same punishment as the offender.