If you are stuck in such a situation, here is what to do.
Mr. Alok Verma, a resident of Shantinagar, lent his high-end “InnovaTech” laptop to his friend, Mr. Sameer Joshi. Sameer claimed he needed it for an urgent five-day online certification course. Alok, trusting his friend, handed it over. However, more than three months have passed. Sameer has stopped taking Alok’s calls and is completely unreachable. A mutual acquaintance hinted that Sameer might have sold the laptop to cover some personal debts. Alok is now in a dilemma, unsure of the legal steps he can take to recover his property or its value.
Advice in such cases
- Attempt one final, formal communication. Send a clear message via WhatsApp or email demanding the return of your property. This creates a digital paper trail that can be used as evidence.
- Gather all documents that prove your ownership of the item, such as the purchase receipt, the original box with the serial number, or any warranty cards.
- 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 is a classic example of “Criminal Breach of Trust.” The primary law applicable here is from the new Indian penal code.
Section 316 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section addresses the offense of criminal breach of trust. It is invoked when a person who has been entrusted with property dishonestly misappropriates it or converts it for their own use, in violation of any legal contract or direction. In this case, the laptop was entrusted to the friend for a specific purpose and duration. The failure to return it, avoiding contact, and the possibility of it being sold clearly indicate a dishonest intention, making this section applicable.
If you are the complainant
- Your first step should be to file a formal police complaint (First Information Report – FIR) at your local police station, citing the offense under Section 316 of the BNS.
- Provide the police with all the evidence you have gathered, including proof of ownership, communication records, and details of any witnesses.
- 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, your role is to assist the police investigation as much as possible. Maintain a clear and chronological record of all events.
- Document every interaction, or lack thereof, with the accused person after the incident. This includes noting down dates and times of unanswered calls.
- You have the right to be informed about the progress of your case, including the filing of the chargesheet, as per the procedures laid out in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
- 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 perceive such matters as a civil dispute between friends and might be reluctant to file an FIR. They may suggest you resolve it mutually. However, it is important to stand your ground and clearly explain how the elements of a criminal offense—entrustment and dishonest misappropriation—are present. Presenting your case clearly, with supporting evidence and possibly through a lawyer’s notice, can compel them to register the complaint as a cognizable criminal offense.
FAQs people normally have
Can I file a case without a written agreement?
Yes, absolutely. An oral agreement to lend your property is legally valid. Your testimony, supported by circumstantial evidence like call logs, chat messages, and witness statements (such as the mutual friend), is sufficient to build a case.
What if my friend offers to return the laptop after I file a complaint?
The criminal offense of breach of trust was committed the moment he dishonestly decided not to return it and misappropriated it. His subsequent offer to return it does not erase the offense. While it might be considered by the court as a mitigating factor during sentencing, you can still proceed with the criminal case to ensure accountability.
What evidence is required?
Proof of Ownership: The original invoice, retail box with the serial number, warranty documents, or even photographs of you with the laptop.
Proof of Entrustment: WhatsApp, SMS, or email conversations where you agreed to lend the laptop. Call records showing communication around that time.
Proof of Dishonest Intent: Records of your repeated attempts to contact him (unanswered call logs, seen but unanswered messages) and his failure to return the item long after the agreed-upon date.
Witness Statements: Testimony from any mutual friends or family who were aware that you lent the laptop or who have information about its current status (e.g., the friend who suspected it was sold).
How long will the investigation take?
There is no fixed timeline for a police investigation. The process is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The duration depends on factors like the police’s caseload, the cooperation of the accused, and the complexity of tracing the laptop if it has been sold to a third party. Once the police file a chargesheet, the court proceedings will begin, which can be a lengthy process.
Advocate Sudhir Rao, Supreme Court of India