Allahabad High Court halts FIR over email ID misuse, says not identity theft
The Allahabad High Court stayed an FIR against two men for creating an email ID in another person's name, ruling it does not prima facie constitute identity theft under the IT Act.
On September 1, 2026, a division bench of the Allahabad High Court comprising Justices Abdul Moin and Pramod Kumar Srivastava stayed an FIR lodged on July 23, 2026 against two individuals accused of creating an email account in someone else’s name and using it to send false complaints, including to the Lokayukta. The court examined whether the act fell within Section 66-C of the Information Technology Act, which penalises misuse of an electronic signature, password or unique identification feature, and concluded that an email ID is not covered by that provision.
It also noted that Section 356(2) of the Bharatiya Nyaya Sanhita deals with criminal defamation and, per Supreme Court precedent, must be initiated by a complaint from the victim, not through an FIR. Consequently, the bench found a prima facie case to interfere with the FIR, ordered it stayed, and directed police not to take further action against the petitioners until further orders.
Why it matters
The ruling narrows the reach of identity-theft laws, limiting them to specific digital credentials.
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