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

Mr. Rohan Sharma and his friend, Mr. Vikram Singh, recently had a distressing experience at a popular clothing store, ‘StyleHub Fashions,’ located in Aparna Plaza, Jaipur. What began as a routine shopping trip turned into a prolonged ordeal involving theft and alleged negligence from the store’s management.

While trying on clothes, Mr. Singh inadvertently left his wallet in the trial room. He realized his mistake within minutes and rushed back. A staff member handed the wallet back, but upon inspection, Mr. Singh discovered that ₹2000 in cash was missing. They immediately brought the matter to the attention of the on-duty store manager and other staff members, requesting to see the CCTV footage.

The manager initially suggested that another customer might have entered the trial room and taken the money. However, after persistent requests from Mr. Sharma and Mr. Singh, the management reviewed the security footage. The footage clearly showed that no other customer had entered the trial room area during that brief period; only store employees were present in the vicinity. This revelation pointed towards the involvement of a staff member.

Despite this evidence, the management’s response was uncooperative and dismissive. Mr. Sharma and his friend spent nearly four hours at the store, pleading for a proper resolution, but were met with evasive answers and a lack of accountability. The manager eventually had them sign a vaguely worded statement, which seemed more like an attempt to absolve the brand of any liability rather than to document the incident accurately.

A few days later, their customer service department sent an email falsely claiming that only ₹500 was missing, a clear contradiction of the amount reported. This appeared to be a tactic to downplay the seriousness of the theft. Subsequent calls and emails were met with promises of a “reward email” that never materialized, effectively stalling them until they felt their options were exhausted. The store offered no apology, compensation, or admission of fault, leaving the customers feeling betrayed and helpless.

Advice in such cases

• Remain calm and do not engage in a heated argument with the staff. Clearly and firmly state the facts.
• Immediately report the incident to the highest-ranking manager present in the store.
• Insist on reviewing the CCTV footage in your presence. Note the time of the incident to help them locate the relevant recording.
• Document everything. Note down the names of the managers and staff you speak with, the time of the incident, and the details of your conversations. If possible, get a written acknowledgement of your complaint from the store.
• Do not sign any document or statement without reading it carefully. If you feel pressured, refuse to sign or state your objections in writing on the document itself.
• File a formal police complaint without delay.
• 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

In such incidents, the following provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) are relevant:

• Section 303 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section defines theft. For an act to be considered theft, there must be a dishonest intention to take movable property out of the possession of any person without that person’s consent. In this case, taking cash from the wallet qualifies as theft.
• Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with criminal breach of trust by a clerk or servant. If it is established that a store employee stole the money, this section becomes applicable. The wallet was, in a sense, entrusted to the safe environment of the store’s premises, and its misappropriation by an employee constitutes a criminal breach of that trust.

If you are the complainant

If you represent the store or are the employee accused in such a situation, it is crucial to handle the matter professionally to mitigate legal and reputational damage.

• Immediately secure and preserve all relevant evidence, especially the CCTV footage from the time of the alleged incident. Do not tamper with it.
• Cooperate fully with the police investigation. Provide all necessary information and access to evidence as required by law.
• Conduct a thorough and impartial internal investigation to ascertain the facts. This can help in taking appropriate disciplinary action if an employee is found guilty.
• Maintain clear and respectful communication with the customer who has raised the complaint.
• 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 person whose property was stolen, you must take proactive steps to seek justice.

• File an FIR: Your first and most critical step is to go to the local police station that has jurisdiction over the area where the store is located. File a First Information Report (FIR) under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). An FIR is mandatory for the police to start a formal investigation.
• Provide Details to the Police: Give the police a detailed account of the incident, including the sequence of events, the amount of money stolen, the uncooperative behaviour of the store staff, and the evidence from the CCTV footage.
• File a Consumer Complaint: A store’s failure to provide a safe environment can be considered a ‘deficiency in service.’ You can file a complaint against the store in the District Consumer Disputes Redressal Commission to seek compensation for your loss and the mental anguish caused.
• Follow Up: Keep in regular contact with the investigating officer at the police station to check the progress of your case.
• 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 response to cases of petty theft can vary. Initially, they might be reluctant to file an FIR and may suggest you file a lesser complaint or resolve the matter directly with the store. However, you have the right to insist on the registration of an FIR, as theft is a cognizable offense. Once an FIR is filed, the police are legally obligated to investigate. They will visit the store, question the management and staff, and officially seize the CCTV footage as evidence. Due to the high volume of cases, you may need to be persistent in your follow-up to ensure the investigation moves forward.

FAQs people normally have

Can a store refuse to show me the CCTV footage?
While they might initially refuse to show it to you directly citing privacy concerns, they cannot refuse a formal request from the police during an official investigation. The police have the authority to seize the footage as evidence.

Is the store legally responsible for theft on its premises?
Yes, commercial establishments have a duty of care towards their customers. While they may post disclaimers, they cannot completely absolve themselves of responsibility, especially if negligence (like inadequate security) or the involvement of their own staff is proven. This forms the basis for a ‘deficiency in service’ claim in a consumer court.

What can I do if the police refuse to register my FIR?
If the police officer in charge refuses to file an FIR, you can approach a senior police official, such as the Superintendent of Police (SP). Alternatively, you can file a private complaint directly with a Magistrate under Section 220 of the BNSS, who can then order the police to register an FIR and investigate.

What evidence is required?

• CCTV Footage: This is the most crucial piece of evidence. It can establish the timeline and show who had access to the location.
• Witness Testimony: Statements from you, your friend, or any other person who witnessed the events are important.
• Store Documents: Any written complaint you filed with the store or any statement they made you sign can be used as evidence.
• Digital Communication: Save all emails and record details of phone calls (date, time, person spoken to) with the store’s customer care.

How long will the investigation take?

The duration of a police investigation can vary significantly. In a case with clear evidence like this, it could potentially be resolved within a few weeks to a couple of months. However, delays can occur due to procedural requirements or a lack of cooperation from the accused. The police are required to file a final report (either a chargesheet against the accused or a closure report) before the court upon completion of their investigation.

Advocate Sudhir Rao, Supreme Court of India