What to Do When Police Refuse to File an FIR for a Stolen Mobile Phone

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Advocate Rohit
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What to Do When Police Refuse to File an FIR for a Stolen Mobile Phone

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

Recently, Mr. Verma, a resident of the city of Anandpur, faced a distressing situation. His brand-new premium smartphone was stolen from a crowded market. He promptly visited the local police station in Ashok Vihar to report the crime. However, instead of registering a First Information Report (FIR), the duty officer merely made an entry in the daily diary and handed him a receipt for a ‘lost item’. Despite Mr. Verma’s insistence that it was a theft, the police were reluctant to take further action. He also lodged a complaint on the state government’s public grievance portal but received no response. Mr. Verma is now extremely concerned as his phone contained sensitive personal and financial data linked to his various accounts.

Advice in such cases

If you find yourself in a similar situation where the police are not registering your FIR for a stolen item, you are not without options. Here are the steps you can take:

  • Written Complaint to Senior Officers: If the local police station refuses to file an FIR, you can send a written complaint detailing the entire incident to a senior police officer, such as the Superintendent of Police (SP) or the Deputy Commissioner of Police (DCP) of your district. This complaint should be sent via registered post. As per Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the SP/DCP, upon receiving such information, can either investigate the case themselves or direct a subordinate officer to do so.
  • Approach the Magistrate: If no action is taken even after approaching the senior police officers, your next recourse is to file a private complaint before the concerned Magistrate under Section 220 of the BNSS, 2023. You can narrate the incident and the police’s refusal to act. The Magistrate has the power to take cognizance of the offence and can order the police to register an FIR and investigate the matter.
  • Preserve All Evidence: Keep the purchase bill of your phone, the box with the IMEI number, and any acknowledgment receipt received from the police station safe. These documents are crucial evidence.
  • 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

Understanding the relevant legal provisions can empower you to assert your rights:

  • Section 302 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section defines and provides punishment for theft.
  • Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This section mandates the police to record information related to the commission of a cognizable offence, which is what an FIR is.
  • Section 200 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with the offence committed by a public servant who knowingly disobeys any direction of the law, such as refusing to record an FIR.
  • Section 220 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This section empowers a Magistrate to take cognizance of an offence upon receiving a complaint of facts.

If you are the complainant

As the person lodging the complaint, you need to be proactive and systematic:

  • Draft a Clear Complaint: Write a detailed application addressed to the Station House Officer (SHO). Clearly mention the date, time, and place of the incident, a description of the stolen phone (make, model, color, IMEI number), and state that the item was “stolen” and not “lost”.
  • Get an Acknowledgment: Always take a receiving copy of your complaint from the police station. If they file an FIR, you are entitled to a free copy.
  • Follow Up: Keep a record of all your communications and follow-ups with the police and other authorities.
  • 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.
What to Do When Police Refuse to File an FIR for a Stolen Mobile Phone

If you are the victim

As the victim of phone theft, take these immediate steps to mitigate your losses and risk:

  • Block Your SIM Card: Contact your mobile service provider immediately to get the SIM card blocked to prevent misuse.
  • Wipe Your Data: Use features like ‘Find My Device’ (for Android) or ‘Find My’ (for Apple) to remotely lock your phone and erase all your personal data if possible.
  • Inform Your Bank: If you use mobile banking or UPI apps, inform your bank about the theft to prevent any fraudulent transactions.
  • Change Passwords: Change the passwords for all important accounts that were logged in on your phone, such as email, social media, and financial apps.
  • 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 a common experience that police are often reluctant to file FIRs for cases like mobile phone theft. This can be due to several reasons. Firstly, registering an FIR for every such “petty” crime increases the official crime statistics for their jurisdiction, which reflects poorly on their performance. Secondly, an FIR makes a formal investigation mandatory, adding to their already heavy workload. Therefore, they often try to dispose of the matter by simply making a Daily Diary (DD) entry or registering it as a “lost item” report, which does not legally bind them to investigate.

FAQs people normally have

Here are some frequently asked questions in such situations:

  • What is the difference between an FIR and a ‘lost report’?
    An FIR (First Information Report) is registered for a cognizable offence like theft and officially starts a criminal investigation. A ‘lost report’ or a Daily Diary (DD) entry is merely a record of an item being lost and does not obligate the police to investigate it as a crime.
  • Can the police refuse to file an FIR?
    No. As per the Supreme Court’s judgment in Lalita Kumari vs. Govt. of U.P., it is mandatory for the police to register an FIR if the information discloses the commission of a cognizable offence.
  • What if the police don’t act even after a complaint to the SP/DCP?
    Your most potent remedy is to approach the court of the jurisdictional Magistrate by filing a complaint under Section 220 of the BNSS.
What to Do When Police Refuse to File an FIR for a Stolen Mobile Phone

What evidence is required?

To file a strong complaint and facilitate the investigation, you will need the following:

  • A copy of the purchase invoice or bill of the mobile phone to prove ownership.
  • The original box of the phone, which has the IMEI (International Mobile Equipment Identity) number printed on it. This number is crucial for tracking the device.
  • A copy of your government-issued photo ID (like an Aadhar Card or Voter ID).
  • A detailed written application describing the theft.

How long will the investigation take?

There is no fixed timeline for the completion of a police investigation. The duration depends on various factors like the complexity of the case, the availability of leads, and the workload of the investigating officer. Tracking a stolen phone can be challenging, especially if the thief switches it off, removes the SIM card, or alters the IMEI number. However, once an FIR is registered, the police are legally obligated to investigate and submit a final report (either a charge sheet or a closure report) to the court.

Advocate Sudhir Rao, Supreme Court of India

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