Bike or car stolen in India — what to do: FIR / e-FIR for vehicle theft (BNS s.303, old IPC 379), untraced report, informing the RTO and insurer, insurance claim documents, delay in intimation (Gurshinder Singh 2020) and complaints if the claim is rejected (2026)
Plain first-steps guide for owners whose two-wheeler, car or commercial vehicle is stolen: report to police quickly (online e-FIR in many States), get the FIR copy, tell the insurer and RTO, how the police ‘untraced’ report works, the usual insurance claim papers, what the Supreme Court said about late intimation, and where to complain if the claim is delayed or rejected. Educational only — not legal advice. Adhiwakta does not file FIRs or claims or contact police or insurers.
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First hour — what to do
Check that the vehicle was not towed by traffic police or the parking authority. Then call 112 or go to the police station of the area where it was stolen. Note the exact place, time, registration number, chassis and engine numbers (on the RC and insurance policy), colour and any marks. Look for CCTV cameras nearby and ask the shop or society to preserve the footage.
FIR or e-FIR
Vehicle theft is a cognizable offence — theft under BNS s.303(2) (old IPC s.379); keeping stolen property is s.317 (old 411). Police must register an FIR, and you are entitled to a free copy (BNSS s.173(2)). Many States allow an online e-FIR for vehicle theft where the thief is unknown — for example the Delhi Police MV Theft portal (mvt.delhipolice.gov.in); check your State police citizen portal. An e-FIR given by electronic communication must be signed at the police station within 3 days (BNSS s.173(1)). If police refuse, write to the SP / DCP or use the State portal.
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Inform the insurer and the RTO — in writing, early
Inform the insurance company the same day or as soon as possible through its claim helpline, app or email, and note the claim number. Give the RTO a written intimation with the FIR copy so the vehicle record shows the theft and no transfer is processed. Keep acknowledgements. If a loan is running, inform the lender, because the claim amount usually goes first to the financier.
What the ‘untraced report’ is
After investigation, if the vehicle is not found, police file a final report (BNSS s.193, old CrPC s.173) saying the case is ‘untraced’ / not traced, and the Magistrate accepts it. Insurers usually need this report, or the court’s order accepting it, to settle a theft claim. It can take weeks to months; follow up with the investigating officer and check status on the police portal or eCourts. If the vehicle is found later, the case is reopened and the vehicle is released through the court on an application.
Usual insurance claim papers
Claim form; policy copy; RC (original or copy as asked); all keys; FIR and untraced / final report with the court’s acceptance; driving licence; letter to RTO with acknowledgement; signed transfer forms (Forms 28, 29, 30) and a letter of subrogation / indemnity in favour of the insurer; NOC from the financier if under loan; ID and bank details. A theft claim is generally paid on the insured declared value (IDV) under a comprehensive / own-damage policy; a third-party-only policy does not cover theft. Ask the insurer for the full document list in writing at the start.
Late intimation is not a reason to reject by itself
In Gurshinder Singh v. Shriram General Insurance (24 January 2020) a three-judge bench of the Supreme Court held that where the FIR was lodged promptly, the police filed a final ‘not traced’ report and the insurer’s investigator found the theft genuine, mere delay in informing the insurer cannot be a ground to deny the claim. IRDAI’s Master Circular on Protection of Policyholders’ Interests, 2024 also says no general insurance claim shall be rejected or closed only for want of documents or for delayed intimation. Still, inform early — and other policy conditions (keys left in the vehicle, unlicensed driver, misuse) can be raised by the insurer.
If the claim is delayed or rejected
Ask for the rejection in writing with the exact policy clause. Complain to the insurer’s grievance officer; you can also register on IRDAI’s Bima Bharosa portal (bimabharosa.irdai.gov.in). If unresolved, the Insurance Ombudsman can hear claims up to ₹50 lakh without any fee, and the insurer must comply with an award within 30 days. A complaint before the District Consumer Commission (e-Jagriti) is another route. Keep within time limits — consumer complaints generally within 2 years of the cause of action.
Papers to keep together
FIR copy, e-FIR acknowledgement, untraced report and court order; RC, policy, keys, purchase invoice; loan papers / NOC; all letters and emails to the insurer, RTO and police with proof of delivery; and the CCTV request letter.
How Adhiwakta can help
We do not file FIRs or claims, or contact police, the RTO or insurers. 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
- My bike was stolen — what should I do first?
- Confirm it was not towed, call 112 or go to the local police station, and register an FIR or e-FIR for theft (BNS s.303(2), old IPC 379). Inform the insurer and the RTO in writing the same day if possible, and keep acknowledgements.
- Can I file an online FIR for vehicle theft?
- Many States allow an online e-FIR for vehicle theft where the thief is unknown — for example the Delhi Police MV Theft portal. Check your State police citizen portal. An e-FIR must be signed at the police station within 3 days (BNSS s.173(1)).
- What is an untraced report and why does the insurer need it?
- It is the police final report (BNSS s.193, old CrPC 173) saying the vehicle could not be traced, accepted by the Magistrate. Insurers usually need it, or the court’s acceptance order, to settle a theft claim.
- Can the insurer reject my claim because I informed them late?
- Not on that ground alone where the FIR was prompt and the theft is genuine — Gurshinder Singh v. Shriram General Insurance (Supreme Court, 2020). IRDAI’s 2024 Master Circular also says claims shall not be rejected only for delayed intimation or want of documents. Other policy conditions may still be raised.
- How much will the insurance company pay for a stolen vehicle?
- Under a comprehensive / own-damage policy a theft claim is generally settled on the insured declared value (IDV) in the policy, subject to its terms. A third-party-only policy does not cover theft.
- Where can I complain if the theft claim is rejected?
- First the insurer’s grievance officer and IRDAI’s Bima Bharosa portal; then the Insurance Ombudsman (claims up to ₹50 lakh, no fee) or the District Consumer Commission through e-Jagriti.
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