Mobile without valid IMEI Number are a threat to National Security
Mobile phones have grown to be
indispensable to our life. It has done wonders to stay us connected 24x7. India
is being recognized as the fastest growing mobile phone market in the world. However,
the same mobile phones may also sometime pose a threat to national security. It
is estimated that there are around 30 million Chinese handsets[i]
in the country which lack an International Mobile Equipment Identity (IMEI)
number which poses a serious threats to the national security as such phones
have allegedly been used by the terrorists. The telecom ministry also estimates
that around 30 million or eight percent of India's mobile phone subscribers use
the cheap handsets without IMEI number that are generally imported from China
and Taiwan.
The Chinese handsets without a valid
IMEI number were hitherto (before ban) available very easily in Grey Indian
Market and one can buy such Chinese handset mostly imitation of popular costly
mobile brands like Nokia N 97 being sold like hotcakes as the customers from
lower income groups can purchase it at cheaper rates offering them the same
features as that of the costly original version. However, without valid IMEI
number, as stated aforesaid the customers were using such sets at the cost of
national security.
So what is an IMEI Number[ii]?
IMEI is known as International Mobile Equipment Identity. The IMEI is a 15 digit number which includes information on the origin, model, and serial number of the device. It helps in uniquely identifying a handset and its location on the network and most importantly allows security agencies to track down a specific user. It can be displayed on most phones by dialing *#06#. It is also usually printed on the compliance plate under the battery. The numerical format of IMEI currently utilized is:-
11111111-222222-3
It should be noted that no two mobile
handsets in the world should have the same IMEI number. With the IMEI number,
the GSM operators can locate, track or immobilize a handset. Whenever a user
makes a call from his handset IMEI number on genuine handsets gets reflected at
the operator's network thus enabling identification of the caller or lawful
interception of all calls and it also allow the investigating agencies to trace
various mobile number used on the same mobile instruments. With the IMEI number
in hand and working in collaboration with the telecom operators, it becomes
very easy for the investigating agencies to detect the location or user of the
subject mobile number. It was on the basis of the IMEI number that the police
established that LeT operative David Coleman Headley had stayed in Lemon Tree
Hotel in Mithakali, before 26/11 attacks[iii].
Further, recently in the Mumbai Terror attacks, the investigation into some of
the mobile numbers used by the deceased terrorists of the Mumbai terror attacks
revealed the Pakistani connection. The terrorists in the course of offence used
five mobile handsets for communicating/seeking instructions from the
co-conspirators in Pakistan. The investigation into the IMEI numbers of these
handsets has revealed that these were manufactured at the Nokia factory, at
Dong Guan, China and shipped to Pakistan[iv].
The details are as per overleaf:
Sr. No. |
Details of mobile |
Place of offence |
Details of vendor |
1. |
Nokia 1200, IMEI No 353526024049451 |
Hotel Taj |
United Mobile, Pakistan |
2. |
Nokia 1200, IMEI No 353526025840890 |
Hotel Taj |
12 Pakistan (Pvt) Ltd |
3. |
Nokia 1200, IMEDI No 353526025828739 |
Nariman House |
12 Pakistan (Pvt) Ltd |
4. |
Nokia 1200, IMEI No.
353526025842235 |
Nariman House |
12 Pakistan (Pvt) Ltd |
5. |
Nokia 1200, IMEI No 353526025933620 |
Hotel Oberoi |
United Mobiles, Pakistan |
It is further revealed that the
address of 12 Pakistan (Pvt) Ltd is, 2nd Typical Floor, Executive Tower, Dolmen
City, Block 4, Clifton, Karachi, Pakistan.
The importance of IMEI number from
the security point of view cannot be overlooked as investigators investigating
the various terrorist attacks in our country have reported that some of the
terrorists were using Chinese mobile phones in which the International Mobile
Equipment Identity (IMEI) number, or a 15-digit code that appears on the
operator's network whenever a call is made, is absent. The intelligence
agencies warned that in the past too, terrorists have been found using Chinese
phones, in which the code is absent, to carry out attacks in the country. The
absence of this IMEI number literally makes the work of the investigating
agencies impossible to trace the culprit and connect him with crime
particularly when the culprit replaces his existing SIM card with a new SIM
card in his mobile phone without a valid IMEI number. However, it is to be
noted that though by dialing *#16# one can see IMEI number being displayed on
the screen, however, the mobile call records reveal only first 14 digit out of
15 digit and the last digit is always missing which is known as “Check Digit”. The investigating
agencies, obviously match the 14 digit IMEI number i.e. made available by the
mobile service provider companies with the subject mobile. The defense often
raises question/objection with respect to the missing last 15 digit known as
“Check Digit”. Generally, the controversy pertains to the last digit recorded in
the seizure memo prepared by the investigating agencies when the handset is
recovered and the last digit recorded in the call details provided by the
service provider. The same question arose before the Supreme Court, in the
decision reported as State (NCT of
Delhi) v. Navjot Sandhu MANU/SC/0465/2005: 2005CriLJ3950 , the Supreme
Court dealt with the said issue as under:
“One
more point has to be clarified. In the seizure memo (Ext. 61/4), the IMEI
number of Nokia phone found in the truck was noted as ...52432. That means the
last digit '2' varies from the call records wherein it was noted as ...52430.
Thus, there is a seeming discrepancy as far as the last digit is concerned.
This discrepancy stands explained by the evidence of PW 78 - a computer Engineer
working as Manager, Siemens. He stated, while giving various details of the 15
digits, that the last one digit is a spare digit and the last digit, according
to GSM specification should be transmitted by the mobile phone as '0'....”
How to
check the “Check Digit”?
To understand the calculation of
“Check Digit”, first let’s see at the structure of the IMEI itself:
- The origin and model comprise the initial 8-digit
portion of the IMEI, known as the Type Allocation Code (TAC).
- The first two digits of TAC are for the Reporting Body
Identifier and indicate the GSMA-approved organization that registered a
given mobile device, and allocated the model a unique code.
- The remainder of the IMEI is manufacturer-defined serial
no. which has been uniquely assigned to the specific type of handset.
- The CD (Check Digit) is used to check the code for its
validity (which is never transmitted) for Phase 2 and Phase 2+ handsets.
Phase 1 GSM handsets, however, always have zero ("0") as check
digit.
Check Digit:
- The last number of the IMEI is a
check digit calculated using the Luhn algorithm.
- The check digit shall always be transmitted to the
network as “0”
- The purpose of the Check Digit is to help guard against
the possibility of incorrect entries to the CEIR and EIR equipment.
- The Software Version Number (SVN) of a mobile is not
included in the calculation
“Computation of Check Digit”
The check
digit is validated in three steps:
- Starting from the right, double a digit every 2 digits
(e.g. 7 → 14)
- Sum the digits (e.g. 14 → 1 + 4)
- Check if the sum is divisible by 10
Conversely,
one can calculate the IMEI by choosing the check digit which would give a sum
divisible by 10. For the example IMEI 49015420323751?
IMEI |
4 |
9 |
0 |
1 |
5 |
4 |
2 |
0 |
3 |
2 |
3 |
7 |
5 |
1 |
? |
Double every other |
4 |
18 |
0 |
2 |
5 |
8 |
2 |
0 |
3 |
4 |
3 |
14 |
5 |
2 |
? |
Sum digits |
4 + (1 + 8) + 0 + 2 + 5 + 8 + 2 + 0 + 3 + 4 + 3 + (1 + 4) + 5 + 2 + ? = 52 + ? |
To make the sum divisible by 10, we
set ? = 8, so the IMEI is 490154203237518
This is how the investigating
agencies calculate the missing 15th digit which is also known as “Check Digit”.
Evidentiary value of IMEI number: In the number of the cases, conviction has been done on the
basis of the mobile record and analysis of the IMEI number found on the mobile which
has been well settled in the famous Parliament Attack Case. Further, in a
recent case decided by the Hon’ble Delhi High Court in Gajraj V. State decided on 18.03.2009 (Crl. A. No. 461/2008)
reveals that the crucial evidence relating to the subject mobile phone having
IMEI No. 35136304044030 was considered. In this case the most important piece
of evidence brought on record by the prosecution to connect the accused with
the commission of the crime was that the handset having IEMI No. 35136304044030
was being used by the deceased just before his death as evidenced from the call
record and the said handset was in the possession of the accused soon after the
death of the deceased, inasmuch as, call record evidenced that the mobile
number 9818480558, which number was registered in the name of the accused, was
being used in the said handset with effect from 24.07.2005; the factum of the
possession of the said handset by the accused is further reinforced by the fact
that the said handset was recovered from his house at the instance of the accused.
Thus, independent of the physical recovery of the handset at the instance of
the accused, through the medium of the call details of deceased and accused,
there is unimpeachable evidence that the mobile phone of the deceased came in
possession of the accused/appellant within 19 hours of the death of the
deceased. Similarly, in another case of Vinod
Kumar Vs. State [Crl.
A. No. 561/2008] decided on 16.03.2009
(Delhi High Court),
reveals that the IMEI number of the mobile phone used by the accused person connected
him with the crime of the murder of the deceased.
Mobile Phone without IMEI Numbers banned in the interest of national
security
Taking serious note of the situation
pertaining to the circulation of mobile phones without IMEI number and its
potential threat for the national security in view of recent Mumbai Terror
attacks, the Department of Telecommunication, Government of India, vide its
Letter No. 20-40/2006-BS-III(Pt.) (Vol. I)/201, dt. 3rd September,
2009 has directed all the Cellular Mobile Service Providers that calls from the
mobile handsets with any IMEI number which is not available in the latest
updated IMEI database of GSMA[v]
along with without IMEI or all zeros as IMEI are also not processed and
rejected with effect from 24 hrs of 30th November, 2009.
The government approved earlier this
year a Genuine IMEI Implant (GII) proposal from service providers that programs
genuine IMEI on mobile handsets. In a letter to service providers in April, the
Ministry of Communications & IT recognized that some of the users of phones
without proper IMEIs were “genuine innocent subscribers”[vi].
The cellular operators in India in compliance of the DoT communiqué and
direction had offered such subscribers without IMEI number to either discard their
handsets or bring them to official outlets of cellular companies to
re-programme their IMEI numbers. One without valid IMEI number can go to these
official outlets and get IMEI reactivated at a nominal charge of Rs 199/- only.
The Mobile Standards Alliance of India (MSAI) is exclusively authorized body in India by GSM
Association (GSMA) to perform Genuine IMEI Implant program (GII). MSAI is
working in partnership with Cellular Operators Association of India (COAI) and
Department of Telecommunications (DOT) to implant the genuine IMEI numbers on
to the mobile handsets which are carrying bad/non genuine IMEI numbers as a one
time Amnesty Program. The subscribers without having any valid IMEI numbers
while visiting these GII centre’s (about 1600 such centers) across the country
had to carry with a valid identity proof like, PAN CARD, driving license, Voter
ID Card, Passport, ration card etc. for identification purposes.
There were significant rush seen at
the GII centre’s and some unscrupulous mobile vendors in the Grey market have
taken advantage of the situation and claimed that they have the facility to
implant valid IMEI number in the mobiles or their mobiles are sold with valid
IMEI numbers. The Crime Branch of Delhi Police on the complaint of the Indian
Cellular Association have conducted raid on December 9, 2009 at in the Karol
Bagh Electronics market and arrested 23 mobile vendors who were found selling
banned Chinese mobile phones. The police have seized from them a total of 3,500
mobile handsets without the IMEI numbers. A “Spiderman Software Box” which was
imported from China to upload fake IMEI number on handsets has also been seized
from these vendors. The implanting of fake IMEI numbers and selling it to
innocent customers have very serious ramifications as far as the national
security is concerned. Given the large number of banned Chinese mobiles in
circulation, it could lead to large scale tampering/manipulation of IMEI
numbers. Given the increasing role of cell phone transcripts in monitoring and
investigating anti-social activities including high profile terror cases, usage
of fake IMEI number could lead to failure of the very objective of the GII
drive initiated by the Department of Telecommunications, Government of India.
Earlier, the Mumbai police have also
conducted similar raids on October, 2009 and seized banned Chinese mobile
phones without IMEI numbers. The offenders were booked under Section 41(d) of
the Criminal Procedure Code which empowers the police to arrest any person who
is suspected to be in possession of stolen property. However, Section 41
Cr.P.C. is not a penal provision and only empowers the police to arrest a
person under certain circumstances mentioned under the said Section 41 Cr.P.C.
However, the implantation of fake IMEI
number in the mobile phone attracts the penal provision of Section 420, 468
read with Section 471 Indian Penal Code, as the mobile vendors are cheating the
gullible customers by passing them banned mobile phones with fake IMEI numbers
as genuine one and part with their hard earned money. Further, they for the
purpose of cheating commit forgery of the IMEI number which is an electronic
record and thus attracts Section 468 IPC and by showing the mobile having fake
IMEI number as genuine one, when they have reasons to believe that the same are
forged one, the section 471 IPC is also attracted. The Delhi police have
imposed these sections of Indian Penal Code on these unscrupulous vendors of
banned Chinese mobile phones which are cognizable and non-bailable and have
shown non compromising attitude of the Government of India as far as national
security is concerned.