Vinod Nayak 443 Report post Posted October 5, 2014 This thread is very important to all importers/buyers for legal issues we face during buying/selling CDMA/GSM devices. I request all to please update any information about the mentioned subject here. This is in best interested of both buyers/sellers. Recently I came across a kid who just would not be satisfied with any answer. Is it legal to sell a working CDMA handset as GSM(LOCKED by carrier but unlocked by some hack) Don't know how many deal with BAD ESN phones here. Law for buying/selling/using BAD ESN devices. Sent from my LGLS990 using Tapatalk Share this post Link to post Share on other sites
Guru Gopal 589 Report post Posted October 5, 2014 To my understanding Bad ESN means registering a handset by a service provider on its network because of Brocken Contract or Stolen. If that handset is not sold by that service provider (without contact) there will be no problem in switching over to new service provider in the same country or some other country even if they marked as BAD ESN because of non-payment usage charges. If that handset is sold by a service provider and it is marked as BAD ESN (Brocken Contact) if the same is used with some other service provider in the same country would be illegal. if that handset is brought to some other country and using with some other service provider amount to illegal but same cannot be taken cognisance by the courts of another country unless the original provider makes a complaint. Even if there is a complaint raised by the original service provider in their country the same can be executed in our country if there is external treaty between both the countries. There is 2 external treats between USA and India. (Any body wants the entire treaty, contact me I will send hard copy or soft copy.) In so far as the stolen handsets which were marked as BAD ESN, it is illegal to use/sell in any country including india. So Do not sell BAD ESN (Stolen) handsets in india (broken contract there is risk if there is complaint wants to pursue) Guru Gopal Advocate I will try to answer other types of quires and problems in due course of time. 3 Share this post Link to post Share on other sites
KapilAgrawal 340 Report post Posted October 5, 2014 As per law - You can not import a old/used mobile phone by Courier /Post. - Any imported handset should have MEID / ESN / IMEI as required & should not be NULL. - Extra duty on Chinese Origin goods. As for unlocking mobile phone - there is no law in India. 4 Share this post Link to post Share on other sites
shreesh 406 Report post Posted October 5, 2014 As of now no one will buy a lot of stuffs because of no meid registration. And everyone will shift to ruim based handsets which may not cause any problem. 1 Share this post Link to post Share on other sites
Guru Gopal 589 Report post Posted October 6, 2014 As per law - You can not import a old/used mobile phone by Courier /Post. - Any imported handset should have MEID / ESN / IMEI as required & should not be NULL. - Extra duty on Chinese Origin goods. As for unlocking mobile phone - there is no law in India. I will not agree with 1st point. But accept 2nd and 3rd point. 1 Share this post Link to post Share on other sites
kshah 452 Report post Posted October 7, 2014 Import of used handset is not allowed by custom rules. If using bad esn phone is illegal then using it with ruim does not make it legal. 1 Share this post Link to post Share on other sites
Vinod Nayak 443 Report post Posted October 7, 2014 BAD ESN can't be used in any mode, that's clear. But importing used handset which is not BAD ESN is illegal ? Is there any site which explains this? Sent from my LGLS990 using Tapatalk Share this post Link to post Share on other sites
KapilAgrawal 340 Report post Posted October 7, 2014 (edited) We are talking about BAD ESN handsets, what about GSM handsets stolen, you cant get them blocked. There is no law (imho) for stolen or lost handsets in India. Of course you cant import a stolen handset. But again we did not steal the handset, We purchased it from a 3rd party. Edited October 7, 2014 by KapilAgrawal 2 Share this post Link to post Share on other sites
Guru Gopal 589 Report post Posted October 8, 2014 (edited) once stolen property always it is stolen property. It is the law right from British regime. Law was not changed till now india. So, whether you purchased a stolen property from any one knowingly or unknowingly it the characteristic won't be changed. only exception is legal tender money. i.e. Currency notes. The law is clear so, whether it is bad ESN phone or Stolen GsM phone, once it is stolen, always it is stolen property in the hands of other persons, who is not original owner. The only law in this regard I found till date is Environment protection act and the rules made there under with regard used electronic items. I am here with providing the link of rules and some useful infohttps://www.dropbox.com/s/hjf31o1bs4pubbl/ewaste%20rules.pdf?dl=0https://www.dropbox.com/s/05s6mlum7qoxs5s/guidelines-e-waste.pdf?dl=0 https://www.dropbox.com/s/l58y64yz4d9aisg/cyberlaws_in_India-libre.pdf?dl=0 https://www.dropbox.com/s/hxxo15ubzbfh6sq/SSRN-id1864572.pdf?dl=0 https://www.dropbox.com/s/vk4xppznme6eehk/7_years_of_Indian_Cyber_Lawfed1ab84-8488-4209-a089-604d1dc5af2f.pdf?dl=0 Edited October 8, 2014 by Guru Gopal 2 Share this post Link to post Share on other sites
Kapil Matey 28 Report post Posted October 8, 2014 As per law - You can not import a old/used mobile phone by Courier /Post. - Any imported handset should have MEID / ESN / IMEI as required & should not be NULL. - Extra duty on Chinese Origin goods. As for unlocking mobile phone - there is no law in India. I will not agree with 1st point. But accept 2nd and 3rd point. "india is not a dumping yard" so we cant import used/old phones as per indian customs act. 1 Share this post Link to post Share on other sites
