The concept of mobile cloning is not new though it has been exposed recently. This mobile cloning not only violates the “privacy rights” of the person owning the “original number” but equally is an offence under the Indian Penal Code, 1860. It amounts to “theft” within the meaning of IPC. It also results in the commission of contraventions and offences under the Information Technology Act, 2000 using information technology and its parallels .

Thus, the remedy is both civil and criminal in nature. These remedies can be civil in the form of “compensation” for the wrong committed by cloning the mobile or it may be criminal in nature by virtue of IPC and IT Act. These remedies can be enforced only if the provisions of these two statutes are enforced in their true letter and spirit.

An interesting aspect of this episode is the liability and/or contribution negligence of the company/institution providing these telephone services. If a customer of these mobile services has brought to the knowledge of the concerned service provider about these irregularities, then the company may found itself in trouble of defending both civil and criminal proceedings. The fine technicalities of IPC and IT Act are too cumbersome to be understood properly by these companies and they may face the music of criminal law if a proper case is registered against them. Thus, the service providers/companies must be very cautious about “customer’s complaints” and any casual approach, as is occasionally found, may prove troublesome for them.