Lost Your Phone? Here’s How to Track Your Police Complaint in India

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by

Advocate Rohit
in
Lost Your Phone? Here's How to Track Your Police Complaint in India

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

Mr. Sameer Verma, a resident of the city of Janakpuri, recently found himself in a distressing situation. While commuting home from his office at “Innovatech Solutions Pvt. Ltd.” last week, he realized his mobile phone was missing. He suspects he may have lost it in a local market area. He promptly visited the nearest police station and filed a formal complaint regarding his lost device. Now, Mr. Verma is anxious and unsure about the next steps. He wants to know how he can follow up on his complaint and check if the police have commenced the process of tracing his phone.

Advice in such cases

Losing a mobile phone is not just a loss of a device but also a potential risk to your personal data. Here is what you should do immediately:

  • Block Your SIM Card: Contact your mobile service provider immediately to block the SIM card to prevent any misuse.
  • Attempt to Track and Erase Data: Use features like ‘Find My Device’ (for Android) or ‘Find My’ (for Apple) to try and locate the phone or remotely erase its data to protect your privacy.
  • File a Police Complaint: Visit the nearest police station to file a complaint. Insist on an FIR (First Information Report) if you suspect theft. Obtain a copy of the complaint or FIR.
  • Provide IMEI Number: The most crucial piece of information for tracking a phone is its 15-digit IMEI (International Mobile Equipment Identity) number. Provide this to the police. You can find it on the phone’s original box.
  • Follow Up: Regularly and politely follow up with the investigating officer at the police station for updates.
  • 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 legal recourse in such cases involves procedural and substantive laws:

  • Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This section deals with the information in cognizable cases, commonly known as filing an FIR. If theft is suspected, the police are bound to register an FIR.
  • Section 303 of the Bharatiya Nyaya Sanhita, 2023 (BNS): If the phone was stolen, this section, which defines and punishes the act of theft, becomes applicable.
  • Information Technology Act, 2000: Certain provisions of this act can be invoked, especially if your lost phone is used for unauthorized access to your data or to commit cybercrimes.

If you are the complainant

As the person who has lost the phone and filed the complaint, you have an active role to play:

  • Be Proactive: Do not just file the complaint and wait. Visit the police station after a few days to meet the Investigating Officer (IO) assigned to your case.
  • Provide All Details: Ensure the police have the correct IMEI number, the make and model of the phone, and any other identifying details.
  • Keep Records: Maintain a copy of your police complaint, the name and contact number of the IO, and a record of your follow-up visits or calls.
  • Use Online Portals: Many state police departments have online portals where you can track the status of your complaint using the reference number provided. Check if this facility is available in your jurisdiction.
  • 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
Lost Your Phone? Here's How to Track Your Police Complaint in India

If you are the victim

In this context, being the victim is the same as being the complainant. Your primary goal is to mitigate damage and assist the police in recovery.

  • Secure Your Digital Life: Immediately change the passwords for all important accounts that were logged in on the phone, such as email, social media, and banking apps.
  • Inform Your Bank: If you had banking or payment apps on your phone, inform your bank about the loss as a precautionary measure.
  • Cooperate with the Police: Provide any information they request promptly. Your cooperation is key to the 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

The police are required to register a complaint for a lost or stolen phone. They have specialized cyber cells that can put the phone’s IMEI number on a tracking list. When a new SIM card is inserted into the phone, the service provider gets an alert with the new number and location, which is then passed to the police. However, it is important to have realistic expectations. Police stations are often overburdened with cases, and a lost phone case might not be their highest priority unless it is linked to a more serious crime. Persistent and polite follow-up is often necessary to ensure your case remains active.

FAQs people normally have

Here are some common questions that arise in this situation:

  • Can the police track a phone that is switched off?
    No, a phone cannot be tracked using its IMEI number if it is switched off. Tracking is only possible when the device is on and connected to a network.
  • What is the difference between a ‘lost report’ and an FIR?
    A ‘lost report’ is a simple acknowledgment that an item is missing. An FIR (First Information Report) is registered for a cognizable offense, like theft. An FIR initiates a formal criminal investigation, which has more legal weight.
  • Should I file a ‘lost report’ or an FIR for theft?
    If you are certain the phone was stolen (e.g., snatched, or pickpocketed), you must insist on an FIR for theft under Section 303 of the BNS. If you simply misplaced it, a lost report may suffice, but an FIR provides better legal protection against misuse.
Lost Your Phone? Here's How to Track Your Police Complaint in India

What evidence is required?

To file a complaint and facilitate tracking, you will need:

  • The phone’s IMEI number (crucial).
  • Proof of ownership, such as the original purchase invoice or bill.
  • Your government-issued photo ID proof (like an Aadhar Card or a Driver’s License).
  • The mobile number of the SIM card that was in the phone.

How long will the investigation take?

There is no fixed timeline for such investigations. The recovery of a lost or stolen phone depends on several factors: whether the finder or thief uses the phone with a new SIM card, the efficiency of the tracking process, and the workload of the police department. It can take anywhere from a few weeks to several months, and in many cases, the phone may not be recovered at all. The primary purpose of the complaint is often to safeguard yourself from any liability arising from the misuse of your phone or SIM card.

Advocate Sudhir Rao, Supreme Court of India

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