Accusing of stealing the phone which I don't have

965 votes

your immediate response and cooperation with the police will determine how smoothly this matter is resolved. Based on your narration, it appears that you merely inspected a phone offered for sale at a low price and withdrew from the transaction upon discovering a defect — you neither purchased nor took possession of it. In law, mere inspection or negotiation without transfer of ownership or possession does not constitute receipt of stolen property or participation in any criminal act. However, if the phone later turned out to be stolen, the police may have traced your contact number or social media chat from the seller’s phone, leading to your call. You must remain calm, truthful, and cooperative. Under the Bharatiya Nyaya Sanhita, only a person who knowingly receives or assists in concealing stolen property is liable; since you did not buy, use, or benefit from it, there is no criminal intention. Your immediate step should be to visit the local police station with a responsible adult or guardian, carrying your college ID, Aadhaar, and any proof of communication (e.g., WhatsApp messages or call logs) showing that you only inspected the phone. Politely state that you had no intent to buy or deal in stolen goods and were unaware of any illegality. Do not sign or admit anything under pressure you have a right to remain silent until you consult a lawyer. If you are asked for a written statement, ensure it is recorded accurately in your own words and you receive a copy or acknowledgment. Also, note down the officer’s name, designation, and station details for record. With proper representation and transparent cooperation, this matter should close at the inquiry stage itself. Keep all communications polite and factual your innocence will stand, as there was neither possession nor dishonest intent on your part.

Advocate Sanil Sarkar LawRato

891 votes

Well, I can guide how that how you can safeguard yourself from Police if any problem arises for you! Let me know, if you are interested to seek guidance! I will help you in a best possible manner under the concerned provisions of law.

Advocate Pankaj Bajaj LawRato

528 votes

If the phone is stolen and the police find you using it (or in possession of it), you can be investigated — and possibly charged — unless you can show - you bought it in good faith or you used for a while just to check the network, despite not purchasing it!

Advocate Pankaj Bajaj LawRato