What Legal Actions Can You Take If You Are A Victim Of Identity Theft?

The unauthorize use of a person’s personal information, such as Social Security numbers, credit card numbers, or bank account information, to commit fraud or other illegal acts is known as identity theft, which is a serious crime. Identity theft has become more common as a result of the development of digital technology and online commerce, impacting millions of people annually. 

A variety of remedies are available in legal action against identity theft with the dual goals of stopping the crime and giving victims’ rights back. The victims should notify law enforcement of the theft in the first instance. Identity theft is cover by special legislation in many jurisdictions, and offenders may face criminal prosecution.

What Is Identity Theft?

The use of another person’s financial details or personal information for fraud can be carry out in unsanction transactions or purchases is known as Identity theft. Identity theft is commit in various ways including financial loss, damage to reputation, etc.

What Are The Types Of Identity Theft?

Financial Identity Theft:

When someone illegally uses another person’s personal information, including credit card number, Social Security number, or bank account details, to conduct fraud, it is known as financial identity theft.

This can include the following:

• Gaining access to bank accounts: Unauthorised withdrawals or transfers of money to gain fraudulent amounts.
• New credit card: The thief can create a new credit card or loan in the name of the victim to gain financial loss and damage.
• Duplicate and fake information: Using duplicate and fake information without the consent of the victim.

Medical Identity Theft:

Medical identity theft arises when someone uses personal information to get medical benefits by using the victim’s name, social security number, etc.

Child Identity theft:

When someone uses the child’s name, security number, or any personal details to commit fraud is called child identity theft. In this type of identity theft, parents should not share the details and security number of the child.

Synthetic Identity theft

The process of creating a new and false identity by combining created and actual information is known as synthetic identity theft. With this false identity, the thief can then create fake accounts and carry out illegal acts. Since the fraudulent conduct does not appear on the victim’s credit report, detection of the fraud is more challenging.

Criminal identity theft:

The act of someone committing a crime in your name is known as criminal identity theft. You can have a criminal record if they are taken into custody and disclose your personal information. It might also be disturbing and confusing to start getting a summons for crimes you haven’t committed. 

What Are The Laws Related To Identity Theft?

Section 66 C deals with the Punishment for identity theft of the Information Technology Act, of 2000. Under this section, anyone who fraudulently and dishonestly uses the electronic signature, any unique identification feature of any other person, or password, shall be liable for imprisonment up to 3 years and a fine of up to 1 lakh.

Section 319 of Bharatiya Nyaya Sanhita, 2023 deals with cheating personation.  If a person intentionally and knowingly pretends to be some other person to commit fraud or cheat is liable under this section with imprisonment up to 5 years or a fine or both.

How Can Protect You Yourself From Identity Theft?

• Regularly update the account settings.
• Update the social network’s personal information.
• Time to time update the credit report.
• Registering in identity theft protection security.

What Legal Action Can You Take If You Are A Victim Of Identity Theft?

Take advice from the expert lawyer:

If the victim is suffering from identity theft, as soon as possible contact the lawyer. The lawyer can help you with acknowledging the best possible solution.

Criminal Charges against the identity theft:

Victims of identity theft have the choice to report the crime to law enforcement, which could lead to criminal charges being brought against the criminal.

Law enforcement agencies possess the jurisdiction to investigate and possibly punish the thief for various offenses such as identity theft and fraud. If the offender is find guilty of identity theft, the case may be successfully prosecute.

A Civil suit can be file against identity theft:

It is possible for victims to sue the identity theft company in civil cases. This can result in filing a civil suit to get damages, which might cause loss of money, reputational harm, etc. Civil suits against businesses or financial institutions that failed to adequately protect personal data are another kind of legal action.

Damages can be claim:

The court can give direction or order for the damages to the victim of identity theft for the loss. 

Restitution of victim against identity theft:

When the victim is suffering from identity theft, the court can give an order to the person who is charge with identity theft to pay compensation to the victim called restitution of the victim.

The Case Related To Identity Theft

In N SURESH V. R AHALYA AIR 2021, the court held that a person is liable under section 66 C for identity theft if any person intentionally used the electronic signature, password, etc. of any other person to commit fraud.

Conclusion

Identity theft is an offense in which the personal information of the victim is use for fraud. In this, they can commit fraud in the name of the victim. Identity theft is a complicated crime that needs a broad legal strategy to be address. While continuous legislative initiatives seek to strengthen safeguards against this threat. 

Additionally, victims must contact credit reporting agencies and financial institutions. In addition, victims of identity theft may file a civil lawsuit or criminal law against the identity in an effort to recover damages for any monetary losses they may have suffered as a result of the crime.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtain at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.