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

A young man named Rohan from the city of Rampur recently experienced a very distressing situation. Having just purchased a brand new smartphone with his hard-earned money, he was walking through a crowded market when a thief skillfully picked it from his pocket. Distraught, Rohan and his family immediately reported the incident to the local police. They also used the phone’s cloud tracking feature, which showed its location on the Shanti Nagar bypass road.

Armed with this information, Rohan and his father went to the location provided by the tracking service, only to find an empty, desolate area. Despite providing the police with the live location, they were told that no immediate action could be taken. This left the family feeling helpless and stressed, as the valuable new phone, a first for their family, was lost, and the authorities seemed unwilling to help recover it.

Advice in such cases

When you find yourself in a similar predicament, it’s crucial to act systematically to protect your rights and increase the chances of recovering your property. Here are the steps you should take:

• Immediately file a First Information Report (FIR). Do not settle for a simple diary entry or a Daily Diary Report (DDR). An FIR is a formal complaint that legally obligates the police to investigate.
• Provide the police with every possible detail, including the phone’s IMEI number, make, model, and any tracking information you have, such as screenshots of the live location.
• Always keep copies of all complaints, applications, and documents you submit to the police or any other authority.
• 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.
• Regularly and persistently follow up with the investigating officer regarding the status of your case.

Applicable Sections of Law

Understanding the relevant legal provisions can empower you to navigate the system more effectively. The primary laws applicable in such a case of theft are:

• Section 303 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section defines and prescribes punishment for theft. The act of dishonestly taking movable property out of the possession of any person without that person’s consent falls under this section.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This code outlines the procedure for criminal investigation. Section 173 of the BNSS deals with the registration of an FIR, which is the first step in setting the criminal justice process in motion. If the police refuse to register an FIR, you have remedies available under the BNSS.
• Bharatiya Sakshya Adhiniyam, 2023 (BSA): This act governs the admissibility of evidence. Electronic records, such as GPS location data from your phone’s tracking service, are admissible as evidence under the BSA, making your tracking data a crucial piece of proof.

If you are the complainant

As the person who has filed the complaint, you have an active role to play in the investigation. Here’s what you should do:

• Ensure a formal FIR is lodged under Section 173 of the BNSS. If the police station refuses, you can send a written complaint by registered post to the Superintendent of Police (SP) or the Deputy Commissioner of Police (DCP) of your district.
• If even the senior officers do not take action, you have the right to file a private complaint directly before the Magistrate having jurisdiction, under Section 222 of the BNSS.
• Formally submit the IMEI number and any live location data in writing to the investigating officer and get a receipt for your submission. This creates a paper trail.
• 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 of the theft, your immediate actions can be critical for both recovery and preventing misuse of your device and data.

• The first step is to contact your telecom service provider to block the SIM card to prevent any misuse.
• You should also use the IMEI number to get the handset blocked. This can be done through the Central Equipment Identity Register (CEIR) portal run by the government.
• Preserve all evidence related to the phone, such as the purchase receipt and the original box which has the IMEI number printed on it.
• Do not delay in filing a police complaint. The sooner you report it, the higher the chances of tracing the device before it is switched off or its parts are sold.
• 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

It is common for police to be initially dismissive of mobile phone theft cases due to the sheer volume they receive daily. They often categorize them as “petty crimes” and may be reluctant to dedicate significant resources. They might try to register a non-cognizable (NC) complaint instead of an FIR. However, when provided with concrete and actionable evidence like a live GPS location, their responsibility to act increases. Persistence, formal written communication, and follow-ups, especially when done through a lawyer, often compel the police to take the matter more seriously and initiate proper investigation procedures like tracing the device through their cyber cell.

FAQs people normally have

Can the police track a phone if it is switched off?
Once a phone is switched off, it stops transmitting signals, making real-time tracking via GPS or cell towers impossible. However, the police can still find out its last active location. They can also track the phone if the thief inserts a new SIM card into it.

What if the police refuse to file my FIR?
As mentioned earlier, if the local police refuse to file an FIR, you should immediately send a written complaint to a senior police officer like the Superintendent of Police (SP). If that fails, you can approach the jurisdictional Magistrate and file a private complaint to seek a direction for the police to register an FIR and investigate.

Is the iCloud or Google location data enough for the police to conduct a raid?
This data is considered strong evidence but may not be sufficient on its own for a raid. The police are required to verify the information and develop further intelligence to establish a “reasonable belief” that the stolen property is at a specific location before they can obtain a search warrant and conduct a raid.

What evidence is required?

To build a strong case, you will need to provide the following evidence:

• The original purchase bill of the mobile phone as proof of ownership.
• The phone’s original box, which contains the unique IMEI number.
• A copy of the FIR that you have filed.
• Screenshots or a record of the phone’s last known location from the tracking service (e.g., Find My iPhone, Google Find My Device).
• Any other details you remember about the theft, such as the exact time, place, and a description of any suspicious individuals.

How long will the investigation take?

There is no fixed timeline for such investigations. The duration can vary greatly depending on several factors, including the workload of the local police, the efficiency of the investigating officer, and the sophistication of the thief. If the thief immediately switches off the phone and it is not turned on again, the investigation can become prolonged. However, consistent and formal follow-up by the complainant can significantly influence the pace of the investigation.

Advocate Sudhir Rao, Supreme Court of India