What to Do in Case of Theft in India (Post-July 2024): Legal Steps Under BNS, BNSS, and BSA
From July 1, 2024, India’s criminal justice system operates under three new laws:
- Bharatiya Nyaya Sanhita (BNS), 2023 – replaces IPC
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – replaces CrPC
- Bharatiya Sakshya Adhiniyam (BSA), 2023 – replaces the Indian Evidence Act
If you are a victim of theft, this article will help you take the right legal steps using these new laws.
🔹 1. Preserve the Crime Scene
Do not disturb anything at the location of theft — whether it’s your home, vehicle, or office. Tampering may affect the investigation.
📘 Legal Basis (BSA Section 2(1)(c)):
“Evidence” includes electronic and physical materials that can be produced before the court.
🔹 2. Collect Evidence (Photos, Videos, Notes)
Take pictures or videos of the scene. Note down what is missing, when you last saw the items, and any suspicious behavior or individuals.
📘 BSA Section 61:
Electronic records like photos, videos, CCTV footage, and voice recordings are admissible as evidence.
🔹 3. Call the Police Immediately (Dial 112)
Report the incident by calling 112, the national emergency response number. Ask the police to visit the spot and help you file a report.
📘 BNSS Section 173(1):
A police officer shall record information about any cognizable offence — theft qualifies — and start the investigation.
🔹 4. File an FIR (First Information Report)
Go to your nearest police station to lodge a written complaint. The officer must register your FIR in cases of theft.
📘 BNS Section 303 – Definition of Theft:
“Whoever dishonestly takes any movable property out of the possession of any person without consent is said to commit theft.”
📘 BNS Section 304 – Punishment for Theft:
Imprisonment up to 7 years and fine.
💡 Tip: Always ask for a copy of your FIR — it’s your legal right.
🔹 5. Check for CCTV Footage or Witnesses
Look for cameras in the area — shops, houses, streets. Ask nearby people if they saw anything. Share this with the Investigating Officer.
📘 BNSS Section 180:
Police can examine any person believed to have knowledge of the facts of the case.
📘 BSA Section 63:
For electronic evidence to be valid, a certificate under Section 63(4) must be provided describing the device and process used to produce it.
🔹 6. Report Mobile or Gadget Theft Online
For phone thefts, visit the CEIR portal to block your phone’s IMEI number. Notify your mobile operator to disable the SIM.
🧑💻 Related Offences:
- BNS Section 316 – Cheating (if your device or data is misused)
- IT Act Section 66C/66D – Identity theft and cyber fraud
🔹 7. If Police Refuse to Register an FIR
You have the right to escalate the issue.
📘 BNSS Section 173(3):
If police refuse to register the FIR, you can write to the Superintendent of Police, who must act on it.
📘 BNSS Section 175:
You can also approach a Magistrate, who may direct the police to investigate.
🔹 8. Punishment for Theft under BNS
| Type of Theft | Law (BNS Section) | Punishment |
|---|---|---|
| General Theft | Sec 304 | Up to 7 years + fine |
| Theft in Dwelling House | Sec 305(1)(2) | Up to 10 years + fine |
| Nighttime House-Breaking Theft | Sec 309(2) | Up to 14 years + fine |
| Robbery/Snatching | Sec 310/311 | Up to 10 years to life imprisonment |
✅ Quick Recap: What You Should Do
- Preserve the scene – don’t touch anything
- Record everything – videos, photos, notes
- Call 112 and file an FIR under Section 173, BNSS
- Collect CCTV or witness info
- Report phone theft on CEIR
- Escalate if FIR is denied (BNSS 173(3), 175)
- Follow up with the IO and track the case
📌 Resources & Useful Links
⚖️ Stay informed. Know your rights. The law protects you — but only if you act in time.