Criminal Liability For Fake Sim Registrations

07 Oct 2025 --
0 Comments

1. Legal Framework: Fake SIM Registration in Bangladesh

Fake SIM registration is a serious offense in Bangladesh because it enables fraud, terrorism, harassment, and other cyber crimes. The legal framework for prosecuting such offenses includes:

Relevant Laws

Telecommunications Act, 2001 (Amended 2010)

Section 60: Prohibits fake or fraudulent SIM registration.

Section 63: Criminalizes misuse of SIMs for unlawful purposes.

Information and Communication Technology (ICT) Act, 2006 (Amended 2013)

Sections 21 & 28: Cyber fraud, unauthorized access, and electronic forgery.

Penal Code, 1860

Section 420: Cheating and fraud.

Section 468: Forgery of documents.

Section 471: Using forged documents.

Bangladesh Telecommunication Regulatory Commission (BTRC) Rules

SIM registration requires verification of National ID (NID), biometric verification, and legal documentation.

Criminal Liability Elements

To establish liability for fake SIM registration:

False Identity: SIM registered using someone else’s name, forged documents, or fake NID.

Intent to Misuse: SIM intended for fraud, harassment, illegal calls, or cybercrime.

Violation of Rules: Non-compliance with BTRC verification procedures.

Evidence:

SIM registration records

NID and identity documents

Call/SMS records

CCTV or biometric verification logs

Penalties

Imprisonment: Up to 7 years depending on the gravity and connected offenses.

Fines: Up to Tk 1,00,000 or more.

Confiscation: SIM cards and mobile devices.

2. Case Law Examples

Case 1: Dhaka Fake SIM Fraud Case, 2014

Facts: Accused registered SIM cards using forged NIDs to commit phone scams.

Investigation: BTRC and cybercrime units traced call logs to fraudulent SIMs.

Charges: Sections 420, 468, 471 of Penal Code; Section 60 of Telecommunications Act; ICT Act Sections 21, 28.

Court Decision:

4 accused sentenced to 5 years imprisonment.

Confiscation of all SIMs and related devices.

Significance: First major conviction highlighting link between fake SIMs and financial fraud.

Case 2: Chittagong Fake SIM Terror Link, 2015

Facts: SIMs registered with false identities were used to make threatening calls to public officials.

Investigation: Law enforcement traced SIM purchases to a single fake document provider.

Charges: Telecommunications Act Section 60, Penal Code Sections 506 (criminal intimidation) and 420 (cheating).

Court Decision:

3 accused sentenced to 7 years imprisonment.

SIM distributor banned from selling mobile services.

Significance: Shows the use of fake SIMs in threats and terrorism-related activities.

Case 3: Rajshahi Online Fraud Case, 2016

Facts: Multiple SIMs registered under fake identities were used to carry out online banking fraud.

Investigation: Bank authorities and cybercrime units tracked fraudulent transfers and traced SIM usage.

Charges: ICT Act Sections 21, 28; Penal Code Section 420; Telecommunications Act Section 60.

Court Decision:

Main accused sentenced to 6 years imprisonment, accomplices 3–4 years.

Confiscated mobile phones and SIM cards used in fraud.

Significance: Establishes link between fake SIMs and cybercrime.

Case 4: Fake SIM Terror Fund Case, 2017

Facts: Terrorist financing through fake SIMs purchased under forged NIDs. Money transfers conducted through mobile banking.

Investigation: Special branch and BTRC coordinated to trace SIMs and financial flow.

Charges: Section 60 Telecommunications Act, Penal Code Sections 420, 406 (criminal breach of trust), ICT Act Section 28.

Court Decision:

5 accused received 7 years imprisonment.

SIMs and devices confiscated; financial accounts frozen.

Significance: Demonstrates the security implications of fake SIM registration.

Case 5: Dhaka SIM Swapping Case, 2018

Facts: Accused registered SIMs under fake identities to commit SIM swapping fraud targeting mobile banking customers.

Investigation: Cybersecurity experts and BTRC records confirmed NID forgery.

Charges: Penal Code Sections 420, 468, ICT Act Sections 21, 28, Telecommunications Act Section 60.

Court Decision:

3 main perpetrators sentenced to 5–6 years imprisonment.

Victim bank accounts reimbursed; confiscation of SIMs.

Significance: Illustrates use of fake SIMs in financial technology crimes.

Case 6: Khulna Multiple Fake SIM Network, 2019

Facts: A ring of individuals sold pre-registered SIMs under fake NIDs to youth involved in cybercrime.

Investigation: Mobile companies flagged abnormal usage; coordinated raids confirmed fake registration.

Charges: Telecommunications Act Section 60, Penal Code Sections 420, 471, ICT Act Sections 21, 28.

Court Decision:

Network leader sentenced to 7 years imprisonment; sellers 4–5 years.

Confiscation of SIM stock and devices.

Significance: Highlights organized criminal networks exploiting fake SIMs for multiple illegal activities.

Case 7: Fake SIM Harassment Case, 2020

Facts: SIMs registered under false IDs used to harass women via phone calls and messages.

Investigation: Cybercrime unit traced SIMs and verified NID documents were forged.

Charges: Section 60 Telecommunications Act, Penal Code Sections 354D (harassment), 420, ICT Act Section 28.

Court Decision:

Accused sentenced to 5 years imprisonment.

Confiscation of SIMs and mobile phones.

Significance: Illustrates how fake SIMs facilitate harassment and cyberbullying.

3. Observations and Patterns

Fraudulent Documents Are Key: Fake NIDs or forged IDs are central to all cases.

Multiple Offenses Per Case: Fake SIM registration is often linked with fraud, cybercrime, harassment, or terrorism.

BTRC Enforcement Critical: SIM tracking and verification is crucial to investigations.

Severe Penalties: Courts impose 5–7 years imprisonment, confiscation of devices, and fines.

Organized Crime Element: Many cases involve criminal networks providing fake SIMs for profit.

4. Summary Table of Cases

Year	Location	Offense	Sections Applied	Outcome
2014	Dhaka	Fake SIM financial fraud	420, 468, 471 PC; 60 Telecomm; 21, 28 ICT	5 yrs imprisonment, SIM confiscation
2015	Chittagong	Threat calls/terror link	60 Telecomm; 506, 420 PC	7 yrs imprisonment
2016	Rajshahi	Online banking fraud	21, 28 ICT; 420 PC; 60 Telecomm	6 yrs imprisonment
2017	Dhaka	Terror fund via fake SIM	60 Telecomm; 420, 406 PC; 28 ICT	7 yrs imprisonment
2018	Dhaka	SIM swapping fraud	420, 468 PC; 21, 28 ICT; 60 Telecomm	5–6 yrs imprisonment
2019	Khulna	Fake SIM criminal network	60 Telecomm; 420, 471 PC; 21, 28 ICT	4–7 yrs imprisonment
2020	Dhaka	Harassment via fake SIM	60 Telecomm; 354D, 420 PC; 28 ICT	5 yrs imprisonment