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

Mr. Sameer Gupta, a marketing executive from the city of Anandpur, recently faced a distressing situation. While returning home on a crowded metro, he realized his smartphone was missing. Panic set in as he remembered his phone was linked to multiple payment applications like ‘SwiftPay’ and ‘Bharat Wallet’, along with access to his corporate emails and personal documents. He was worried about potential financial fraud and data theft. Mr. Gupta’s situation is common, and knowing the immediate and correct legal steps is crucial to mitigate the risks involved.

Advice in such cases

If you find yourself in a similar predicament, acting quickly is paramount. Here are the essential steps to take:

• Immediately contact your mobile service provider (e.g., AeroTel, JioLink) and request them to block your SIM card. This prevents the misuse of your number for OTPs and other verifications.
• Use another device to access features like Google’s ‘Find My Device’ or Apple’s ‘Find My’ to remotely locate, lock, or erase all data from your lost phone. This is a critical step to protect your personal information.
• Contact the customer support of all your payment apps and banks to temporarily disable your accounts or de-link them from your UPI ID.
• File a formal complaint with the police. This can often be done online through the state police portal or by visiting the nearest police station. An official report is crucial for any future claims or legal proceedings.
• 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 framework in India addresses such incidents through various statutes. The primary laws involved are:

• Bharatiya Nyaya Sanhita, 2023 (BNS): If the phone was stolen, it constitutes the offence of theft under Section 303 of the BNS. If the thief then dishonestly uses your data or money, it can also attract charges of cheating under Section 318 of the BNS.
• Information Technology Act, 2000: If your personal data is misused for fraudulent activities, provisions of the IT Act can be invoked. For instance, Section 66C deals with identity theft, and Section 66D addresses cheating by personation by using computer resources.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This code outlines the procedure for filing a complaint, investigation by the police, and the trial in court. Your complaint to the police will be registered and investigated as per the provisions of the BNSS.

If you are the complainant

As the person who has lost the phone, you are the complainant. Your role is to initiate the legal process correctly.

• Draft a clear and detailed written complaint. Mention the exact time, date, and location where you believe you lost the phone.
• Provide all details of the phone, including the make, model, color, and most importantly, the IMEI number(s). You can find the IMEI on the phone’s original box.
• List all the payment apps, bank accounts, and other sensitive applications that were accessible through the phone.
• Keep a copy of the police complaint (a “lost article” report or an FIR) safely. This document is proof that you have officially reported the loss.
• 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

If you have already suffered a financial loss due to fraudulent transactions from your lost phone, you are a victim of a crime. In this case, you must take additional steps:

• Immediately report the fraudulent transaction to the National Cyber Crime Reporting Portal at www.cybercrime.gov.in or by calling the toll-free helpline number 1930. Reporting within the ‘golden hour’ increases the chances of blocking the stolen money.
• Visit the police station and insist on filing a First Information Report (FIR) for theft and cyber fraud, not just a “lost article” report.
• Submit a written application to your bank manager, along with a copy of the FIR, detailing the unauthorized transactions and requesting a reversal.
• Preserve all communication, including SMS alerts, emails, and bank statements showing the fraudulent debits.
• 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

Initially, police may be inclined to register a simple “lost article” report, especially if there is no clear evidence of theft. However, if you suspect theft or if fraudulent transactions have occurred, you should insist on the registration of an FIR. The police will require the phone’s IMEI number to put the device on a tracking list. While they have the technical means to trace lost phones, the process can be slow and is not always successful. They will guide you on the immediate steps of blocking the SIM and financial apps.

FAQs people normally have

Here are some common questions that arise in this situation:

• Can I get my old phone number back?
  Yes. After blocking the lost SIM, you can visit the retail outlet of your service provider with your Aadhar card or other valid photo ID to get a new SIM card issued with the same number.
• What if the police refuse to file an FIR?
  If the police refuse to register an FIR, you have the right to send your complaint in writing to a senior officer, such as the Superintendent of Police. If that fails, you can file a private complaint before the local Magistrate under Section 175(3) of the BNSS, who can then order the police to register an FIR and investigate.
• Is a “lost report” enough to protect me from misuse?
  A “lost report” is the first step and serves as proof of your diligence. However, for a criminal investigation into theft and financial fraud, an FIR is necessary. The report helps you in getting a duplicate SIM and can be submitted to banks, but an FIR carries more legal weight.

What evidence is required?

To support your case, you should gather the following:

• The original purchase invoice of the mobile phone, which contains the IMEI number.
• Proof of identity and address (Aadhar Card, Voter ID, etc.).
• A copy of the police complaint or FIR.
• If money has been stolen, provide bank statements clearly highlighting the unauthorized transactions.
• Any communication you have had with your bank, mobile operator, or payment app companies regarding the incident.

How long will the investigation take?

The duration of an investigation can vary significantly. Getting a duplicate SIM card is a matter of hours. However, tracing a lost or stolen phone can take several weeks or even months, with no guarantee of recovery. Investigations into financial fraud also depend on the complexity of the case, the amount involved, and coordination between different banks and law enforcement agencies. Patience and persistent follow-up are key.

Advocate Sudhir Rao, Supreme Court of India