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

Mr. Sameer found himself in a confusing situation regarding his lost mobile phone. About a month ago, while traveling from Jodhpur to a city named Alwar, he lost his phone at the Alwar Railway Station in the early hours of the morning. Wasting no time, he promptly filed an online First Information Report (FIR) and also registered a request to block the phone on the Central Equipment Identity Register (CEIR) government portal.

A few days ago, he received a positive update via a message: his phone’s traceability data had been found. The message instructed him to contact the designated police station. Upon contacting them, he learned that the phone was active in a location approximately 550 kilometers away from him. It has been several days since he shared this information with the police, but there has been no progress. He is now concerned and wants to understand the expected timeline for the recovery and handover of his phone.

Advice in such cases

Navigating the procedural aspects after your lost phone is traced can be frustrating. Here are some steps to take:

• Persistent Follow-up: Regularly visit or call the Investigating Officer (IO) at the police station assigned to your case. Inquire politely about the steps being taken to coordinate with the police in the jurisdiction where the phone has been traced.
• Provide All Information: Ensure the police have a copy of the traceability message from CEIR, your phone’s IMEI number, and the FIR copy. Clear documentation helps them act faster.
• Escalate if Necessary: If you feel there is an unreasonable delay or inaction from the local police station, you can write an application to a senior officer, such as the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) of the district, detailing the situation and requesting their intervention.
• 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 situation involves theft and possession of stolen property, which are covered under the Bharatiya Nyaya Sanhita, 2023 (BNS).

• Section 303 of BNS, 2023: This section defines and punishes the crime of theft. If someone took your phone with dishonest intention, they have committed theft.
• Section 314 of BNS, 2023: This section deals with the dishonest misappropriation of property. Anyone who finds lost property and, instead of trying to find the owner, converts it to their own use is liable under this section.
• Section 316 of BNS, 2023: This section pertains to dishonestly receiving stolen property. The person currently using your phone, knowing or having reason to believe it is stolen, can be prosecuted under this section.

If you are the complainant

As the person who filed the complaint, your role is crucial in ensuring the case moves forward.

• Maintain a Record: Keep a file with copies of your online FIR, the CEIR blocking request, the traceability message, and any applications you submit to the police. Note down the dates and names of officers you speak with.
• Stay Proactive: Do not assume the police will handle everything automatically. Your consistent and polite follow-up can significantly impact the priority given to your case.
• Understand the Process: The police in your city will have to send a formal request or a team to the police in the other state/city where the phone is traced. This inter-jurisdictional coordination can sometimes be slow.
• 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 are the victim of phone theft, immediate and correct actions can increase the chances of recovery.

• Act Immediately: The moment you realize your phone is lost or stolen, try calling it. If it is switched off, immediately proceed to block the SIM card to prevent misuse.
• File an FIR without Delay: Report the incident to the police. An online FIR is a convenient option available in many states. Mention the correct IMEI number in the FIR, as this is the key to tracing the device.
• Use the CEIR Portal: The government’s CEIR portal (www.ceir.gov.in) is a powerful tool. Reporting your lost phone here blocks it from being used with any SIM card in India and helps in tracing 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

Police often have a standard operating procedure for such cases, but it can be affected by several factors. When traceability data points to a distant location, the local police must officially communicate with their counterparts in that jurisdiction. This is known as inter-state police coordination. This process can be delayed due to bureaucratic hurdles, workload, or the prioritization of more serious offenses like murder or robbery. Sometimes, police may wait to collect a few similar cases in the same area before dispatching a team, to make the effort more cost-effective. While frustrating for the victim, these are practical challenges that law enforcement agencies face.

FAQs people normally have

Why are the police not acting even after the phone is traced?
The delay is often due to jurisdictional issues. The police in your city need to coordinate with the police in the location where the phone is active. This process involves official communication and can take time. Additionally, police departments are often understaffed and prioritize more heinous crimes.

Can I go to the traced location myself to get the phone?
This is strongly discouraged. It can be dangerous, and you have no legal authority to seize the property yourself. It may also lead to you being accused of a crime. Always let the police handle the recovery process.

Will I definitely get my phone back?
While tracing is a significant step, recovery is not guaranteed. The person using it might discard it once they suspect an investigation. However, persistent follow-up with the police increases the chances of a successful recovery.

What evidence is required?

To support your case, you will need:

• Proof of ownership of the mobile phone, such as the original purchase bill or the phone’s box which has the IMEI number printed on it.
• A copy of the FIR you filed.
• The message or email from CEIR or the police confirming that the phone has been traced, along with the location data.
• Your government-issued photo ID card.

How long will the investigation take?

There is no fixed timeline under the law for recovering a lost mobile phone. The duration of the investigation and recovery can vary greatly. If the phone is traced within the same city, it might take a few weeks. However, if it involves another state, as in this case, the process could take several weeks to a few months. The timeline depends heavily on the efficiency of inter-state police coordination, the exactness of the traced location, and the workload of the concerned police departments.

Advocate Sudhir Rao, Supreme Court of India