Section 40 - Penalty for unauthorised use by requesting entity or offline verification seeking entity - The Aadhaar (Targeted Delivery of Financial And Other Subsidies, Benefits And Services) Act, 2016

1 [Penalty for unauthorised use by requesting entity or offline verification seeking entity 40. Whoever,- (a) being a requesting entity, uses the identity information of an individual in contravention of sub-section (2) of section 8; or (b) being an offline verification-seeking entity, uses the identity information of an individual in contravention of sub-section (2) of section 8A, shall be punishable with imprisonment which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with both. ] ****** Notes:- 1. Substituted vide AADHAAR AND OTHER LAWS (AMENDMENT) ACT, 2019 before it was read as Penalty for unauthorised use by requesting entity. 40. Whoever, being a requesting entity, uses the identity information of an individual in contravention of sub-section (3) of section 8, shall be punishable with imprisonment which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with both.