India Strengthens IMEI Compliance Regulations

Telecommunication Devices: The Backbone of India’s Digital Economy

In the rapid age of digital transformation, telecommunication devices have emerged as critical components of India’s digital economy. To ensure the integrity of telecom networks and to mitigate the risks posed by counterfeit devices, the Government of India has established stringent regulations concerning International Mobile Equipment Identity (IMEI) registration. The recent Telecommunications Act, 2023, along with the Telecom Cyber Security Rules, 2024, outline rigorous measures to secure these vital systems.

The Department of Telecommunications (DoT) has underscored the importance of compliance with these regulations for all stakeholders—including manufacturers, brand owners, importers, and sellers. The implications of these regulations are far-reaching and touch every segment of the telecommunications landscape.

Key Legal Provisions

• The Telecommunications Act, 2023 imposes stringent penalties for tampering with telecommunication identifiers, notably IMEI numbers.
• Section 42(3)(c) explicitly prohibits the tampering of telecommunication identifiers, while Section 42(3)(f) addresses the willful possession of radio equipment known to bear unauthorized or tampered identifiers.
• Violations can lead to severe penalties, including imprisonment for up to three years and fines reaching ₹50 lakh. Such offenses are cognizable and non-bailable under Section 42(7). Section 42(6) outlines identical punishment for those who abet or encourage such offenses.

Key Regulatory Requirements

1. In accordance with the Telecom Cyber Security Rules, 2024:

a. Manufacturers are mandated to register the IMEI number of every device—whether mobile handsets, modules, modems, SIM Boxes, etc.—manufactured in India with the Government before their initial sale or other utilizations. This must be done via the Device Setu (Indian Counterfeited Device Restriction (ICDR)) portal at https://icdr.ceir.gov.in.

b. Importers are also required to register IMEI numbers with the Central Government prior to importing any telecommunication equipment for sale, testing, or R&D through the same Device Setu portal.

2. As per The Telecom Cyber Security Amendment Rules, 2025, the Central Government retains the authority to direct manufacturers not to assign IMEIs already in use within Indian networks to new telecommunications devices, whether manufactured or imported.

3. A central database of tampered or blacklisted IMEIs is maintained by the government. Entities involved in trading used mobile devices must verify these against the national IMEI database before transactions, incurring certain fees for verification. This encompasses all kinds of devices ranging from smartphones to laptops that bear an IMEI number, necessitating registration at Device Setu.

4. Rule 8 (3) of the Telecom Cyber Security Rules, 2024 explicitly prohibits the intentional removal or alteration of unique telecommunication identifiers, and any involvement with devices possessing software or hardware configured for such tampering incurs legal consequences.

The use of devices featuring programmable IMEIs is categorized as IMEI tampering and can lead to serious repercussions as stipulated in the Act and the Telecom Cyber Security Rules, 2024. Stakeholders must be immensely cautious regarding compliance, as infringing upon these regulations can lead to hefty fines and legal hurdles.

5. According to Rule 5 of the Telecom Cyber Security Rules, 2024, the Central Government may also instruct telecommunications entities to block the use of equipment with tampered IMEI numbers, ensuring their removal from the telecom networks.

The DoT emphasizes that the enforcement of these regulations is not merely bureaucratic but critical for maintaining telecommunications security, combating counterfeiting, supporting law enforcement efforts, and ensuring compliance with tax regulations. The failure to adhere to these regulations invites severe legal sanctions.

Registration Portal and Process

All necessary registrations must be processed through the Device Setu – Indian Counterfeited Device Restriction (ICDR) portal found at https://icdr.ceir.gov.in. The registration procedure involves multiple steps, including company registration, brand registration in relation to the GSMA Type Allocation Code (TAC), device model registration, IMEI number registration, and certificate generation essential for customs clearance.