If you are stuck in such a situation, here is what to do.
Mr. Alok Sharma was having a regular Tuesday evening in the bustling city of Vishalpur when his mobile phone accidentally slipped out of his pocket. He realized it was missing within minutes and immediately tried calling his number from a friend's phone, but there was no response. The person who found the phone did not pick up or attempt to return the call. Mr. Sharma tried to track the device using its location services, but to no avail. A couple of days later, the finder disabled the location services on the device. Then, unexpectedly, the location service was turned back on, revealing the phone was now in a different state, Samriddhi Pradesh. The original SIM card had been removed, and someone else was clearly using the device. This situation raises important legal questions about the misuse of lost property.
Advice in such cases
If you find yourself in a similar predicament, it is crucial to act swiftly and methodically to protect your data and increase the chances of recovering your property.
- Immediately try to call your number. If there's no response, do not stop trying for a while.
- Use remote tracking features like 'Find My Device' for Android or 'Find My' for Apple to locate, lock, or erase your phone's data.
- Contact your telecom service provider to block the SIM card to prevent any misuse of your number for fraudulent activities.
- Gather all documents related to the phone, especially the purchase invoice that contains the unique IMEI (International Mobile Equipment Identity) number.
- File a complaint with the police. This is a critical step for initiating a formal investigation.
- 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
In such cases, the person who finds the lost mobile phone and uses it for their own benefit, without attempting to find the rightful owner, can be held liable under the Bharatiya Nyaya Sanhita (BNS). The primary section that applies here is:
- Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with the 'Dishonest misappropriation of property'. It states that whoever dishonestly misappropriates or converts to their own use any movable property shall be punished. The explanation to this section clarifies that a person who finds property not in the possession of any other person and takes such property for the purpose of protecting it for, or restoring it to, the owner does not commit an offense. However, if they appropriate it for their own use when they know or have the means of discovering the owner, or before they have used reasonable means to discover and give notice to the owner and have kept the property for a reasonable time to enable the owner to claim it, they are guilty of an offense under this section. In this case, removing the SIM and using the phone clearly indicates dishonest intent.
If you are the complainant
As the person who has lost the phone and is filing the complaint, you must take the following steps:
- Draft a detailed written complaint to be submitted to the local police station where the phone was lost. Mention the make, model, color, and most importantly, the IMEI number of the phone.
- Clearly state the sequence of events: when and where you lost the phone, the steps you took to find it, and the last known location.
- Provide a copy of the phone's purchase bill as proof of ownership and to establish the IMEI number.
- Insist on receiving a copy of the First Information Report (FIR). The police are obligated to register an FIR for a cognizable offense like this.
- Regularly follow up with the investigating officer regarding the status of the investigation, specifically about the tracking of the IMEI number.
- 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 of this act, your focus should be on mitigating damage and pursuing legal recourse.
- Beyond blocking the SIM, consider all the accounts linked to your phone number (banking apps, social media, email) and take steps to secure them by changing passwords or de-linking your number where possible.
- Inform your bank about the lost phone, especially if you use mobile banking apps, to prevent any unauthorized transactions.
- Preserve all communication records, tracking attempts, and documents related to the phone as evidence.
- Do not engage directly with the person who has your phone if they contact you. Let the police handle all communication and investigation.
- 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
Police response can vary. Initially, some police stations might be hesitant to file an FIR for a "lost" phone and may only make a note in the station diary. However, you have the right to insist on an FIR as dishonest misappropriation is a cognizable offense. Once the FIR is registered under Section 316 of the BNS, the police can officially begin their investigation. Their primary tool in such cases is tracking the IMEI number. They will write to the telecom service providers to trace the location of the device as soon as a new SIM card is inserted and the phone becomes active on any network. The process can sometimes be slow due to procedural requirements and the workload at police stations, but persistent follow-up can yield results.
FAQs people normally have
What evidence is required?
To build a strong case, the following evidence is crucial:
- Proof of Ownership: The original purchase invoice of the mobile phone is the most important piece of evidence. It contains your name and the phone's IMEI number.
- Phone Box: The original box of the phone also has the IMEI number printed on it.
- FIR Copy: The FIR is documentary proof that you have officially reported the crime.
- SIM Card Details: Proof of ownership of the SIM card that was in the phone.
- Digital Evidence: Any screenshots of location tracking attempts or call logs you made to your own number.
How long will the investigation take?
The duration of the investigation is not fixed and can vary significantly. It depends on several factors:
- Police Proactiveness: How quickly the police initiate the IMEI tracking process.
- Cooperation from Telecom Companies: The time taken by service providers to respond to police requests with location data.
- Device Status: The investigation can only proceed if the person using the phone inserts a new SIM and turns it on. If the phone remains switched off or is not used on a network, it becomes very difficult to trace.
- Inter-State Complications: As in Mr. Sharma's case, if the phone is taken to another state, it may involve coordination between the police forces of two different states, which can add to the delay.
The process can take anywhere from a few weeks to several months. Regular follow-up with the investigating officer is key.
Advocate Sudhir Rao, Supreme Court of India