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

Mr. Sameer owned an old motorcycle that he was no longer using. His brother, Mr. Alok, took the motorcycle to a mechanic, Mr. Brijesh, for servicing. Since Mr. Sameer wanted to sell the bike, Mr. Alok also asked the mechanic to find a suitable buyer and handed over the Registration Certificate (RC) to facilitate the process. Mr. Alok paid Mr. Brijesh a few thousand rupees for the service upfront. For two months, Mr. Brijesh claimed he was looking for buyers. However, he eventually stopped answering Mr. Alok’s calls and even moved his workshop from its known location in Shantipur. It became clear that he had likely sold the bike and absconded with the money and the vehicle. Mr. Alok managed to find Mr. Brijesh’s home address, but his family members claimed he was not there, even when he was suspected to be inside. The situation was complicated because Mr. Brijesh was an old acquaintance of Mr. Alok, making them hesitant to approach the police. However, their primary concern shifted from the loss of the bike and money to the serious risk of being implicated in legal trouble if the vehicle were to be misused in an accident or for criminal activities.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act swiftly and decisively to protect your legal interests. The hesitation to act against an acquaintance can lead to severe consequences later.

• Immediately file a police complaint. This is the most critical step to absolve yourself of any future liability associated with the vehicle.
• Simultaneously, send a formal legal notice to the mechanic at his last known address, demanding the return of the vehicle and documents or the sale proceeds.
• Inform the Regional Transport Office (RTO) in writing about the situation, submitting a copy of your police complaint. This officially records that the vehicle is no longer in your possession.
• Keep records of all communication, payments, and any other interactions with the mechanic.
• 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

This situation goes beyond a simple civil dispute and involves serious criminal offenses under the Bharatiya Nyaya Sanhita (BNS), 2023.

• Section 316 of the BNS, 2023 (Criminal Breach of Trust): This section applies when a person is entrusted with property and dishonestly misappropriates it or converts it to their own use. By taking the motorcycle and RC for service and sale but then absconding, the mechanic has committed a criminal breach of trust.
• Section 318 of the BNS, 2023 (Cheating): This section is attracted when a person fraudulently or dishonestly induces another person to deliver any property. The mechanic induced the delivery of the motorcycle and money under the pretext of servicing and selling it, with a dishonest intention from the start.

If you are the complainant

As the person who has been cheated and whose property has been misappropriated, you are the complainant. Your goal is to initiate legal proceedings to recover your property or its value and, more importantly, to safeguard yourself from future liabilities.

• Draft a detailed written complaint for the police. Clearly state all the facts in chronological order: when the bike was given, for what purpose, the amount paid, the documents handed over, and the subsequent actions of the mechanic.
• Attach copies of all available evidence, such as proof of ownership (your copy of the RC), any payment receipts or bank transaction details, and call logs or messages exchanged with the mechanic.
• Insist that the police register a First Information Report (FIR) under the appropriate sections of the BNS, such as Section 316 and 318. Do not let them dismiss it as a mere civil matter.
• 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 and original owner of the vehicle, your primary objective is to create an official record that you are no longer in possession or control of the motorcycle. This is vital for your protection.

• The FIR is your most crucial piece of evidence. Once registered, obtain a certified copy of the FIR. This document proves that you reported the vehicle as stolen or misappropriated on a specific date.
• Write a letter to your RTO and the insurance company. Inform them of the incident and attach a copy of the FIR. This prevents any fraudulent transfer of ownership and helps in any future insurance claims or liability issues.
• For added protection, you can consider publishing a public notice in a local newspaper stating that you are no longer the owner of the vehicle and will not be responsible for any incidents involving it.
• 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

Often, the police may initially be reluctant to register an FIR in such matters, viewing them as a “breach of contract” or a civil dispute. They might suggest you go to court. However, the elements of dishonest intent and misappropriation clearly make it a criminal case. You must be firm and clear in your complaint that you are alleging a criminal offense, not just a contractual dispute. If the police refuse to register an FIR, you have the right to send your complaint to the Superintendent of Police. If that also fails, you can file a private complaint with the local Magistrate under Section 175 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking a direction for the police to register the FIR and investigate the matter.

FAQs people normally have

What if I don’t have a written agreement with the mechanic?
An oral agreement is legally valid, though proving it can be more challenging. Your testimony, the testimony of your brother, evidence of payment for service, call records, and the very fact that the mechanic has your vehicle and RC book serve as strong circumstantial evidence of the entrustment.

Can I be held responsible if my stolen bike is used in a crime or accident?
If you act promptly by filing an FIR and informing the RTO, your liability is drastically reduced. The FIR serves as a legal declaration that the vehicle was out of your control from the date of the report. Any incident occurring after this date would not legally be your responsibility, as you have taken due diligence to report the matter.

The mechanic is an acquaintance. Should I still file a police complaint?
Absolutely. While personal relationships can make such decisions difficult, your legal and financial security must be the priority. The potential consequences of your vehicle being misused—ranging from traffic challans to being implicated in serious crimes—are far too great. Protecting yourself legally must outweigh any personal hesitation.

What evidence is required?

To build a strong case, you should gather and present the following evidence:

• A copy of your vehicle’s Registration Certificate (RC) to prove ownership.
• Any proof of payment made to the mechanic for service (e.g., bank statement, UPI transaction ID, cash receipt).
• Records of communication with the mechanic, such as call logs, text messages, or WhatsApp chats.
• The mechanic’s details, including his name, phone number, and last known workshop and residential addresses.
• Details of any witnesses who were present when the vehicle was handed over.

How long will the investigation take?

The duration of a police investigation can vary significantly. It depends on factors like the police department’s workload, the complexity of the case, and how quickly the accused and the vehicle can be traced. An active follow-up with the investigating officer, often facilitated by a lawyer, can help ensure the case progresses steadily. There is no fixed timeline, but your consistent follow-up is key.

Advocate Sudhir Rao, Supreme Court of India