Procedure for obtaining stolen phone from police after its recovered.
14-Nov-2023 (In Criminal Law)
Hi, Last month while traveling from bus somebody picked my pocket and stole my phone. Made FIR and later police found the phone. My question is why I have to submit indemnity bond and go through trouble of obtaining one from court when I have proof ownership with me, specially when there is no case made against anyone for the theft.
If police catch a thief, he generally discloses the time and location from where he stole the items. The police then send a circular to concerned police stations asking if any complaint on particular theft incident on the day has registered. If a case has been registered, then theft victim will be informed of the recovery. Meanwhile, they will also try to recover the stolen goods. By matching the statement of the complainant and the culprit (about timing of the incident, location, description of the stolen item, photos, bills etc), the police try to authenticate the ownership of the property. Police sources say that in 90 per cent of the cases, gold is melted by the time of recovery, due to which the complainant cannot identify the stolen item. Sometimes the police even resort to redesigning the gold ornament near to its original design, so that the same could be proved before the court and theft victim can claim its ownership.
After recovering the stolen item, police submit property form to the nearest court. The property form includes details such as FIR number, description of the property, crime, officer in-charge of the case etc. While submitting property form to the court, the police or the complainant can seek custody of the stolen item till the closure of the case. In case of electronic items like phone, computer and perishable commodities, normally, the court grants temporary custody of the stolen item to the complainant. This is because value of the property might deteriorate by the time the case closes. It might take six to 12 months for the closure of the case. If police take custody of a stolen item, it’s their responsibility to ensure that property is intact till the time of case closure. In case of seizure of dangerous items such as crackers and bombs, police have to take permission from the court for destruction of the seized property. Temporary handing over of the commodity is done through the court’s interim order. The complainant/ owner has to submit an indemnity bond by paying a fee of Rs 200 to the court. In the bond, he/ she has to assure of producing the item during case hearing whenever the court asks for it. The court at the end of the trial, decides who the real owner of the stolen item is.
After recovering the stolen item, police submit property form to the nearest court. The property form includes details such as FIR number, description of the property, crime, officer in-charge of the case etc. While submitting property form to the court, the police or the complainant can seek custody of the stolen item till the closure of the case. In case of electronic items like phone, computer and perishable commodities, normally, the court grants temporary custody of the stolen item to the complainant. This is because value of the property might deteriorate by the time the case closes. It might take six to 12 months for the closure of the case. If police take custody of a stolen item, it’s their responsibility to ensure that property is intact till the time of case closure. In case of seizure of dangerous items such as crackers and bombs, police have to take permission from the court for destruction of the seized property. Temporary handing over of the commodity is done through the court’s interim order. The complainant/ owner has to submit an indemnity bond by paying a fee of Rs 200 to the court. In the bond, he/ she has to assure of producing the item during case hearing whenever the court asks for it. The court at the end of the trial, decides who the real owner of the stolen item is.
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