Making
a Duplicate Key is Legal or Illegal in India
“This article has been authored by Keerthivasan
N., a law student, and presents a comprehensive analysis of the legality of
duplicate key making in India.”
Synopsis
Introduction
What
is Duplicate Key Making
Types
of Keys that Should Not be Duplicated
Relevant
Legal Provisions
Rules
and Regulations for Locksmiths
Why
a Law is Needed
Legal
Consequences of Illegal Key Duplication
Conclusion
Introduction
Keys are a symbol of safety and personal space. With
the advance of technology, duplicating keys has gotten a whole lot easier with
automated machines and laser-cut tools. While this can be a lifesaver in
emergencies, it also poses a pretty serious security risk if you get a copy of
a key without proper authorization. In India, there's no clear legislation
specifically governing locksmiths or regulating the copying of keys. And with
no rules to enforce, there's a gap that can be exploited. Incidents of burglary,
stolen vehicles, and invasion of privacy are sadly on the rise all thanks to
unauthorized key duplication. We're going to take a closer look at whether
duplicating a key is allowed or not under the existing laws and why India
really needs a clear framework to regulate locksmith practices.
What is Duplicate Key Making
Duplicate key making is when you make a copy of a key
that already exists. Locksmiths or key makers can use cutting machines, laser
duplicators or molds to make a new key for homes,
vehicles, lockers or offices.
Ø Making
a copy with permission: When the rightful owner asks for a
copy of their key for their own lock, it's perfectly alright.
Ø Making
a copy without permission: When someone else asks for or makes
a copy without the consent of the owner or someone who has a right to the
property, it's illegal and could result in serious consequences if it's used to
commit a theft or trespass.
So, the legality of key duplication all comes down to
who owns the key, why you're making a copy, and what your intentions are.
Types of Keys that Should Not be
Duplicated
Some keys are restricted by law or contract from being
duplicated. Locksmiths should be aware of these keys and not copy them without
permission.
F Restricted
Keys:
These are patented keys protected by intellectual property.
Only authorized dealers can make copies.
F Security
Keys or Master Keys:
Keys used in banks, hotels, offices or government
facilities with master key systems should never be copied by unauthorized
persons.
F Electronic
or Smart Keys:
Keys with chips (e.g. car immobilizer keys) should
only be copied by authorized service centers.
F Institutional
or Government Keys:
Police, defense or public
institution keys should not be copied for security reasons.
F “Do
Not Duplicate” Keys:
Keys with “Do Not Duplicate” are implied to be
restricted. While not always legally enforceable, locksmiths should respect
this warning and deny service without written permission.
Relevant Legal Provisions
There is no specific law in India for duplicate key
making but several existing laws come into play when unauthorized duplication
leads to criminal activity.
F Bharatiya
Nyaya Sanhita, 2023 (BNS):
Ø Section
303(1) - Theft: Making or using a duplicate key to
unlawfully take property constitutes theft.
Ø Section
329(1) – Criminal Trespass: Using a duplicate key to
enter another’s property without consent amounts to criminal trespass.
Ø Section
331(3) – Lurking House-Trespass: Entering a dwelling with
a duplicate key for theft purposes may attract imprisonment up to 10 years.
Ø Section
62 – Attempt to Commit offenses: Even attempting to use a
duplicate key unlawfully can invite punishment.
F Information
Technology Act, 2000 (for electronic locks):
Digital or smart key duplication can attract liability
under Sections 43 and 66 (hacking or unauthorized access).
F Indian
Contract Act, 1872:
Locksmiths have a duty of care under contract law and
can be held liable for negligence if they make a duplicate key for an
unauthorized person.
F Patents
Act, 1970:
Copying patented key designs without the owner’s
consent is an infringement.
These laws although indirect do not specifically deal
with key duplication itself leaving a big gap.
Rules and Regulations for Locksmiths
Locksmiths are the guardians of public safety. Their
actions should be ethical and legal. Here are the rules:
F Identity
Verification: Locksmith must verify customer’s identity
(Aadhaar, property document or vehicle registration) before duplicating any
key.
F License
and Registration: Be licensed under local municipal or
police authority.
F Record
Keeping: Every key made should be recorded with customer’s
details and purpose of duplication.
F Biannual
Record Submission: Submit these records to local police
station or municipal authority twice a year.
F Display
of License: Display registration certificate and
“Authorized Locksmith” board in every shop.
F Refusal
of Risky Requests: If ownership is unclear, refuse
duplication and advise police verification.
F Penalty:
Any violation of these rules will attract fine, suspension of license or
prosecution.
Why a Law is Needed
There is no specific law in India. Unauthorized key
duplication is a pre-cursor to crimes like burglary, car theft and invasion of
privacy. A dedicated law like The Unauthorized Key Duplication (Prevention) Act
would:
F Protect
property and personal security.
F Bring
accountability and transparency to locksmithing businesses.
F Mandate
identity verification and licensing.
F Require
regular record submission to police.
F Penalize
misuse or illegal duplication.
F Introduce
digital tracking and CCTV in key-making shops.
F Create
public awareness on responsible key use.
Countries like USA and UK already have local or
industry specific restrictions on duplicate key making. India urgently needs a
similar legal mechanism.
Legal Consequences of Illegal Key
Duplication
Illegal key duplication when linked to theft, trespass
or fraud can lead to:
F Criminal
charges under above mentioned BNS sections.
F Fines
and imprisonment as per the nature of the offence.
F Cancellation
of business license for locksmiths who violate verification or record keeping
norms.
F Civil
liability for damages or negligence.
Conclusion
Making a duplicate of a key isn't against the law -
that is, as long as the person wanting the duplicate is the rightful owner or
has a legitimate reason to have it duplicated. When it comes to copying keys
for dishonest purposes - or worse, theft, trespassing - it is actually against
the law, thanks to the Bharatiya Nyaya Sanhita. The truth is, because there
isn't a specific law in place there are a lot of loopholes that leave ordinary
people at a disadvantage and locksmiths without any real oversight. What we
need is for the Government of India to step in and create a new law that will
regulate locksmith services from top to bottom. This would involve keeping
accurate records and doing everything in their power to stop people from
misusing these services. A law like the "Unauthorized Key Duplication
(Prevention) Act" would not only make communities safer, but it would also
help protect people's right to privacy and keep their trust in everyday
services intact.