POLICE CAUGHT THE THIEF BUT REFUSING TO RECOVER ALL THE ITEMS.

941 votes

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier CrPC): Police must investigate fully after confession. If the thief disclosed the jeweller, police should recover articles from that jeweller. The jeweller may be charged for receiving stolen property under the Bharatiya Nyaya Sanhita, 2023 (receiving stolen property provision). Give written complaint to SP Wait 3–5 days File Magistrate application for recovery

Advocate Shubham Agarwal LawRato

581 votes

In your case, the police are legally bound to investigate the offence fully and make sincere efforts to recover all stolen property, especially when the accused has disclosed the identity of the jeweller to whom the items were sold. Under criminal law, not only the thief but also the person who knowingly purchased stolen property (the jeweller, in this case) can be held liable for the offence of receiving stolen property. Therefore, the police cannot simply close the matter by returning only one item. You may take the following steps: Submit a written complaint to the Superintendent of Police (SP) or higher authority, mentioning that the police are not taking action to recover the remaining stolen items despite having information. File an application before the Magistrate under Section 156(3) CrPC, seeking directions to the police for proper investigation and recovery. You may also request the court for recovery (restitution) of property or compensation equivalent to the value of the stolen items. Ensure that your statement and list of stolen items are properly recorded in the FIR. If the jeweller has knowingly purchased stolen goods, legal action can be taken against him as well, and recovery can be made from him. Do not rely only on oral assurances from the police—proceed through written complaints and court intervention if required.

Advocate Atanu Patra LawRato

719 votes

If the police made a seizure list as per law with all the recoverd items, you can get those all through the legal process as per order of the concerned court. But in the absence of any seizure list or sufficient recorded proof, it's not so easy to recover those. Make a complaint to the OC or any higher authority of police in writing, describing all the facts indetail with mentioning witnesses.

Advocate Dhrubajit Karmakar LawRato