If you are stuck in such a situation, here is what to do.

Mr. Alok Verma recently faced a distressing situation when his brand new Aura Z-Series smartphone was stolen in the city of Ratanpur, Madhya Pradesh. He needed to block the phone’s IMEI using the government’s CEIR portal to prevent its misuse. However, the portal requires a police complaint number (FIR) to proceed. Since Mr. Verma was travelling and no longer in Ratanpur, he was looking for a way to register his complaint online. His primary concern was to protect himself from any potential liability if the phone were to be used for illegal activities, a common fear for victims of phone theft.

Advice in such cases

If your mobile phone has been stolen, it is crucial to act quickly and methodically. Here is some general advice:

• Act Fast: The sooner you report the theft and block the SIM card and IMEI number, the lower the risk of misuse.
• Gather Documents: Collect all necessary documents, including the phone’s original bill (which has the IMEI number), your government-issued ID proof, and details of the SIM card.
• Block the SIM: Immediately contact your service provider (e.g., Jio, Airtel, Vodafone Idea) to block the SIM card associated with the stolen phone. This prevents fraudulent calls, messages, or data usage.
• File a Police Complaint: Filing an FIR is a mandatory step for blocking the phone’s IMEI and for any insurance claims.
• **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 of 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.

Applicable Sections of Law

The act of stealing a mobile phone constitutes theft, which is a criminal offence. Under the new Indian penal laws, this is primarily governed by:

• Section 301 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section defines the offence of theft. It states that whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft. The punishment for theft is imprisonment of up to three years, or a fine, or both.

If you are the complainant

In the context of a criminal case, the “complainant” or “informant” is the victim who files the complaint. However, if you find yourself wrongly accused of such a theft, you are the “accused.” Here is what you should do if you are accused:

• Do Not Panic: Remain calm and do not try to abscond or evade the police, as this can be seen as an admission of guilt.
• Know Your Rights: You have the right to remain silent. You are not obligated to give a confession to the police. Any statement should be made in the presence of your lawyer.
• Preserve Evidence: If you have any evidence to prove your innocence, such as alibis, location data, or witnesses, secure it immediately.
• **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 of 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.

If you are the victim

As the victim whose phone was stolen, you need to follow a specific procedure to ensure your complaint is registered and your device is blocked.

• File an e-FIR: Most states in India now have an online portal for registering police complaints. You can visit the official website of the state police (in this case, the Madhya Pradesh Police) and look for the option to file an e-FIR or register a complaint for a stolen item.
• Provide Accurate Details: When filing the complaint, provide all details accurately: the make and model of the phone (Aura Z-Series), the IMEI number, the location and time of the theft, and your personal details.
• Get the FIR Copy: Once you submit the complaint online, you will receive a complaint number or a digitally signed copy of the FIR. This document is crucial.
• Block the Phone on CEIR: Visit the Central Equipment Identity Register (CEIR) portal (www.ceir.gov.in). Use the FIR number, your mobile number, and the stolen phone’s IMEI to submit a request to block the device. This will render the phone useless on any mobile network in India.
• **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 of 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.

How the police behave in such cases

The police response to mobile theft can vary. In many cases, especially in busy urban areas, police may be hesitant to register an FIR for “petty” theft and might suggest filing a “lost item” report instead. A “lost report” does not initiate a criminal investigation and is often insufficient for CEIR or insurance purposes. You must insist on registering an FIR for “theft” under Section 301 of the BNS, as your property was stolen, not simply misplaced. Being clear and firm about the incident being a theft is important to ensure the correct legal procedure is followed.

FAQs people normally have

Here are some frequently asked questions regarding stolen phones:

• Can I file an FIR if I am not in the city where the theft occurred?
  Yes. The ideal way is to use the e-FIR portal of the state police where the theft happened. If an e-FIR facility for theft is not available, you can send a written complaint detailing the entire incident to the concerned Superintendent of Police (SP) via Registered Post A.D. and follow up.
• What is the difference between a “lost report” and a “theft FIR”?
  A lost report is a non-cognizable report that is merely for record-keeping and does not oblige the police to investigate. An FIR (First Information Report) is for a cognizable offence like theft, and it formally initiates a criminal investigation.
• Will blocking the IMEI on CEIR help me get my phone back?
  Blocking the IMEI makes the phone unusable on any Indian network, deterring the thief from using or selling it. While it doesn’t guarantee recovery, the police can trace the phone if a new SIM is ever inserted before it’s blocked, or if the thief attempts to change the IMEI number.

What evidence is required?

To file a strong complaint and successfully block your phone, you will need the following:

• Proof of Purchase: The original invoice or bill of the mobile phone.
• IMEI Number: This 15-digit number is unique to your phone and can be found on the phone’s box or the bill.
• Identity Proof: A copy of your government-issued ID, like an Aadhaar Card or Driver’s License.
• SIM Card Details: The mobile number of the SIM card that was in the stolen phone.

How long will the investigation take?

Unfortunately, investigations for mobile phone theft are often not a high priority for the police due to their high volume. There is no fixed timeline. The primary goal of the legal process for the victim is often to obtain the FIR to block the device and absolve themselves of any liability from its misuse. While some phones are recovered, the chances depend on various factors. The investigation may become active if the stolen phone is later used to commit a more serious crime.

Advocate Sudhir Rao, Supreme Court of India