One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X was returning from office on his motorcycle when he accidentally broke the side mirror glass of a car driven by Mr.Y. Being an honest citizen, Mr.X immediately stopped and offered to repair the damage. Mr.Y demanded to see Mr.X’s driving license for verification purposes. Trusting the other party, Mr.X handed over his original license. However, Mr.Y suddenly got into his car and drove away with the license, leaving Mr.X stranded without this crucial document. Mr.X realized he had fallen victim to a fraudulent scheme where dishonest individuals exploit the guilt and honesty of accident victims. This incident left him without his driving license and created legal complications regarding both the theft and his ability to drive legally.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Never hand over original documents to strangers, even after accidents. Always take photographs of their vehicle registration and driver’s license instead. Immediately report such incidents to the nearest police station to prevent misuse of your stolen license. Apply for duplicate license immediately at RTO to avoid driving without valid documentation.

Applicable Sections of Law

This case involves multiple legal provisions under BNS and BNSS. Section 316 of BNS deals with criminal breach of trust where someone dishonestly uses property entrusted to them. Section 303 of BNS covers theft where movable property is taken dishonestly. Section 318 of BNS addresses cheating and fraudulent conduct. Under BNSS, Section 173 allows filing of First Information Report for such criminal activities. These provisions provide comprehensive legal framework to address document theft and fraudulent behavior in traffic-related incidents.

If You Are the Complainant

• File FIR immediately at the nearest police station with complete vehicle details of the accused
• Gather all available evidence including CCTV footage from nearby establishments or traffic cameras
• Note down exact time, location, and circumstances of the incident while memory is fresh
• Collect witness statements from any bystanders who observed the incident
• Apply for duplicate license at RTO while providing police complaint copy as supporting document

If You Are the Victim

• Report the theft immediately to prevent potential misuse of your license for illegal activities
• Block your license in RTO system by filing application with theft complaint copy
• Inform your insurance company about the incident as it may affect future claims
• Monitor for any traffic challans or violations wrongly attributed to your stolen license
• Keep detailed records of all communications and applications related to this incident for future reference

How the Police Behave in Such Cases

Police typically treat such cases seriously as they involve both theft and potential document forgery. They usually register FIR under relevant sections and conduct preliminary investigation including checking CCTV footage. Officers may visit the accident location and interview witnesses. However, recovery of stolen license depends on identifying and locating the accused through vehicle registration details. Police generally advise victims to apply for duplicate license immediately.

FAQs People Normally Have

Can I drive without license while waiting for duplicate? No, you cannot legally drive without valid license. Apply for temporary permit from RTO if urgent travel required.

What if someone misuses my stolen license? Report to police immediately and maintain records of theft complaint to defend against any wrongful allegations.

How long does duplicate license take? Usually 7-15 days depending on state RTO procedures and documentation completeness.

Will this affect my driving record? License theft itself won’t affect your record, but any violations committed using stolen license need to be contested.

What Evidence Is Required?

• Photographs of the accident scene and damaged vehicle
• Vehicle registration number of the accused’s car
• CCTV footage from nearby cameras or establishments
• Witness statements from people who observed the incident
• Time and location details with any available GPS coordinates
• Screenshots or photos of any communication with the accused
• Copy of original license details for RTO application

How Long Will the Investigation Take?

Investigation typically takes 60-90 days depending on evidence availability and cooperation from witnesses. If vehicle registration details are clear, police can trace the accused faster. Recovery of license depends on accused’s cooperation and may take longer. Meanwhile, duplicate license processing continues separately through RTO within 15 days of proper application.

Advocate Sudhir Rao, Supreme Court of India