Section 66C of the Information Technology Act, 2000 deals with identity theft: using another person's password, electronic signature or other unique identification feature, fraudulently or dishonestly. It is one of the most common sections in online fraud FIRs, and is often paired with Section 66D. For the difference between the two, see our post on Section 66C vs 66D.
What Section 66C says
Whoever, fraudulently or dishonestly, makes use of the electronic signature, password or any other unique identification feature of any other person commits an offence under Section 66C.
Punishment: imprisonment of up to three years, and a fine of up to ₹1 lakh.
"Unique identification feature" is read broadly. It can cover OTPs, PINs, login credentials, biometric data, digital signature certificates, and Aadhaar-linked authentication.
Typical 66C situations
- Using someone's net-banking password or OTP to move money.
- Logging into another person's email or social media account and posting or messaging as them.
- Using a colleague's or ex-employer's digital signature certificate to file documents.
- Opening SIM cards, bank accounts or loan accounts using another person's KYC details.
- Using a family member's credentials after a matrimonial or property dispute.
Is Section 66C bailable?
Yes. Because it is punishable with up to three years, Section 77B of the IT Act makes it bailable and cognizable. The Supreme Court's July 2026 ruling in Maharaj Saran v. State of Punjab applied the same reasoning to Section 66. If the FIR is only under 66C and other bailable sections, bail is a right, and it can be given by the police.
Section 66C is also compoundable under Section 77A, so a genuine settlement can end the case with the court's permission. The exceptions are offences against women or children, or offences that affect the socio-economic conditions of the country.
The real bail issue: cheating sections
A 66C FIR rarely stops there. Where money has been lost, police usually add Section 318(4) BNS (cheating and dishonestly inducing delivery of property). That section is punishable with up to seven years and is non-bailable. Other common additions are Section 319 BNS (cheating by personation), Section 61 BNS (conspiracy) and, in organised fraud cases, Section 111 BNS (organised crime). Section 111 can carry life imprisonment and makes bail much harder.
How bail is approached
Before arrest
- Section 35 BNSS notice: for offences punishable with up to seven years, police should ordinarily issue a notice of appearance rather than arrest. Complying with it is important.
- Anticipatory bail (Section 482 BNSS): before the Sessions Court or the High Court, especially where the accused's role is unclear, the money has been traced or frozen, or the dispute is really about a family or business relationship.
After arrest
- Regular bail (Sections 480 and 483 BNSS): offences up to seven years are triable by a Magistrate, who can grant bail. If refused, the Sessions Court can be approached.
- Arguments that usually matter: whether the accused actually used the credentials (as opposed to merely owning a linked account or SIM); the amount involved and whether any of it has been returned or frozen; previous record; the time already spent in custody; and whether the chargesheet has been filed.
Mule accounts and SIM cases
Many 66C accused are people whose bank account or SIM was used by others, sometimes for a small commission. Courts look closely at whether the person knew what the account was being used for. A clear explanation backed by bank records often makes a real difference at the bail stage. If your account has been frozen, see our page on account unfreezing.
What not to do
- Do not close the account or SIM, or delete chats, after learning of a complaint.
- Do not transfer money to anyone claiming to "settle" the case on behalf of the police.
- Do not make a statement or hand over devices without legal advice.
Legal help in Gurugram
Rajat Kadyan and Associates handles cyber crime and bail matters before the District and Sessions Court, Gurugram, and the Punjab & Haryana High Court.
Phone: +91 82954 13475 · Email: contact@rajatkadyan.com
Disclaimer: This article is for general information only and is not legal advice. Every case depends on its own facts.
Facing this yourself?
Call +91 82954 13475 or send the details. The first consultation is free. This post is general information and is not advice on any particular case.