Advocate Rishiraj Rathore

Questions Answered by Advocate Rishiraj Rathore (25+ answers)

Q: mobile theft from dwelling house

Hello Sir, I want legal add. in theft case. my mobile was lost on 18 july 2025 from my lodge room same day I filed lost report in police. later i found my mobile through police but my mobile's all data deleted by thief. thief was my neighbor. now how can I punished accused and which section of BNS and IT act include in FIR

Advocate Rishiraj Rathore answered
Based on the facts disclosed, stringent legal action can be initiated against the accused by filing an application before the Investigating Officer to convert the earlier “lost report” into a regular FIR and invoke Section 303 BNS (Theft) for the unlawful taking of your mobile phone, Section 324 BNS (Mischief) for the deliberate destruction of your stored data, along with Section 43 IT Act, 2000 (unauthorized deletion/alteration of data) read with Section 66 IT Act, 2000 (criminal liability for such acts done dishonestly or fraudulently), thereby ensuring that the accused is held accountable for both the theft of your device and the intentional erasure of your valuable digital records.

Q: She blackmail me to file a case in posco act,she blackmail me,what sho

I was talking to a girl,I say- tumne kabhi Kiya hShe says - ruko abhi punjama utarti ho,Then some sexual chat happens,Finally she threaten me to file a case in posco,she takes my number,name,city nameDo I need worry?,what should I doAm I need to worry

Advocate Rishiraj Rathore answered
This is a very serious situation and you must act carefully right now. Her age is very important - if she is younger (like 15), it will be much harder for you to get bail than if she was 17. The younger she is, the more serious the case becomes. You must stop all contact with her immediately, because any further messages can be used against you. It is critical that you save the entire chat as evidence, from the first message to her threat. While you should be very concerned because a POCSO case is severe.