Theft, chain or phone snatching, or house break-in in India? What to do — FIR / e-FIR (BNSS s.173), theft BNS s.303 (old IPC 379), snatching BNS s.304, case progress in 90 days, getting recovered property back (BNSS s.497 / s.503, old CrPC 451 / 457) (2026)
Plain step-by-step guide after a theft, chain or mobile snatching, or a house or shop break-in: what to do in the first hour, how to get an FIR or e-FIR registered, which BNS sections usually apply, how to follow the investigation, how to get recovered gold, cash, phone or other items back from police or court, and what papers an insurance claim needs. Educational only — not legal advice. Adhiwakta does not file FIRs or applications or contact police for you.
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First hour — safety, 112 and evidence
If you are hurt or the thief is nearby, call 112 first. Do not chase an armed person. Note the time, place, the direction the person went, the vehicle number or colour, and what they wore. Ask nearby shops, homes and ATMs to keep their CCTV footage — many systems overwrite it within days. In a house or shop break-in, do not touch or clean the broken lock, cupboard or window until police see it. If a phone was taken, block the SIM with your operator and block the handset on the Sanchar Saathi CEIR portal (see our lost / stolen mobile guide); if cards or UPI were on it, call your bank and 1930 at once.
Which offence is it? (BNS sections)
Theft — taking movable property dishonestly without consent — is BNS section 303 (old IPC 378 / 379): up to three years, or fine, or both; for a first conviction where the property is worth less than ₹5,000 and is returned, the court gives community service, and a repeat theft carries one to five years. Snatching — suddenly or forcibly grabbing a chain, phone, bag or other item — is now a separate offence, BNS section 304 (up to three years and fine). Theft in a house, a vehicle or a place of worship is BNS section 305 (old IPC 380 — up to seven years). If force, hurt or fear of instant hurt is used, it can become robbery (BNS section 309, old IPC 392). Breaking into a house is house-trespass / house-breaking (BNS section 331, old IPC 454 / 457), and a person found keeping stolen goods can be charged under BNS section 317 (old IPC 411). Police decide the sections; you only need to tell the facts clearly.
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Step 1 — Get the FIR registered (BNSS s.173, old CrPC 154)
Theft and snatching are cognizable offences, so the police must register an FIR when you give the information. You can go to the nearest police station even if the theft happened elsewhere — it must register a Zero FIR and transfer it (BNSS section 173(1)). Many States, for example Delhi, also accept an online e-FIR for certain theft cases; an e-FIR is taken on record once you sign it within three days. Give a written complaint with a list of the stolen items — description, weight of gold, brand, model and IMEI of phones, serial numbers, approximate value — and attach bills or photos if you have them. You are entitled to a free copy of the FIR (section 173(2)). Do not accept a ‘lost’ report or an NCR in place of an FIR when something was stolen; see our police refusing FIR guide if the station will not write it.
Step 2 — Follow the investigation
Keep the FIR number, police station and the investigating officer’s name and phone number. Under BNSS section 193(3)(ii), police must inform the informant or victim of the progress of the investigation within 90 days, including by electronic means. Many State police portals show the FIR and its status. Share any new clue — CCTV clip, a sighting, an online listing of your phone — in writing and keep a receiving copy. If police later file a final report saying the case is untraced, you will usually be given notice, and you can ask for a copy; insurers often need this report.
Step 3 — Getting recovered property back (BNSS s.497 / s.503)
If police recover your gold, cash, phone or other items, they are seized as case property. You can apply to the Magistrate for interim custody (often called ‘supurdagi’ or ‘superdari’). Where the property is produced before the court, BNSS section 497 (old CrPC 451) applies — the court is to prepare a statement of the property within 14 days and have it photographed (and videographed if needed), and can order it given to the person entitled. Where police seized it but did not produce it in court, BNSS section 503 (old CrPC 457) applies. In Sunderbhai Ambalal Desai v. State of Gujarat (2002), the Supreme Court said valuables and vehicles should not lie in police stations for years — they can be returned on a bond and undertaking after photographs and a panchnama. Keep bills, photos or other proof that the item is yours.
Step 4 — Insurance, bank and phone formalities
For a home-contents, jewellery, shop or mobile insurance claim, inform the insurer quickly and keep the FIR copy, the list of stolen items, bills and, if the case is untraced, the final report. For stolen cheque books, cards or passbooks, inform the bank in writing. For a stolen Aadhaar, PAN, driving licence or other ID, the FIR copy helps when you apply for a duplicate; you can also lock Aadhaar biometrics online. If the insurer rejects the claim, see our insurance claim rejected guide.
Avoid these mistakes
Do not beat or tie up a suspect — that is an offence too; hand them to police. Do not post a suspect’s photo online as ‘thief’ without proof. Do not pay anyone who calls offering to ‘return’ your phone or gold for money. Do not exaggerate the stolen list — a false statement can hurt your case. Do not buy second-hand phones or gold without a bill; a person found with stolen property can be charged even if they bought it.
How Adhiwakta can help
We do not file FIRs or applications, contact police or insurers, or promise any recovery. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- Police are giving me a ‘lost report’ instead of an FIR for my stolen phone. Is that right?
- If the phone was stolen or snatched, that is a cognizable offence and an FIR should be registered under BNSS section 173. A lost report is meant for things that were lost. Give a written complaint saying it was stolen, ask for the FIR copy, and if refused, write to the Superintendent of Police.
- What is the section for chain snatching now?
- Since 1 July 2024, snatching is a separate offence under BNS section 304 — up to three years and fine. If hurt or force is used, police may add robbery (BNS section 309, old IPC 392). Theft is BNS section 303 (old IPC 379).
- Police recovered my gold. How do I get it back?
- Apply to the Magistrate for interim custody (supurdagi) under BNSS section 497 or section 503 (old CrPC 451 / 457) with proof of ownership such as bills or photos. Courts usually release valuables on a bond after photographs and a panchnama (Sunderbhai Ambalal Desai, 2002).
- Can I file an FIR for theft online?
- Many States, such as Delhi, offer e-FIR for certain theft cases on their police portal or app. Under BNSS section 173, information given electronically is taken on record once you sign it within three days.
- Will police tell me what happened in my theft case?
- Yes. Under BNSS section 193(3)(ii), police must inform the informant or victim of the progress of the investigation within 90 days, including by electronic means. Keep the FIR number and the investigating officer’s contact.
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