How to file FIR for theft in train?

More often than not we have found ourselves trapped in a situation where we have lost something valuable on a journey. It won't be too wrong to say that at some point in time in life each one of us has found ourselves a victim of either personal or luggage theft during a rail journey. But the question that arises is what can you do if you are facing a situation like this? Where do you file a complaint? Should you break your journey to lodge an FIR? Or can you do something about it on the train itself? In this article, we talk about how you can file an FIR if you have lost something valuable while traveling on a train.
 

What is an FIR?

The First Information Report (FIR) is a written document prepared by a police officer, containing information about the commission of a criminal offense, eg- theft, murder, rape, robbery, kidnapping, etc. The FIR is the primary and most important step in seeking justice against any criminal offense.
 

Theft under the Indian Penal Code

According to Section 378 of the Indian Penal Code, 1860

“ Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property to such taking is said to commit theft”.

Hence, it can be said that Section 378 of the IPC defines & lsquo theft' as the dishonest removal of moveable property & lsquo out of the possession of any person without the consent of that person. Theft, robbery, or dacoity are punishable crimes as per the criminal law in India.
 

No need to break the journey to lodge an FIR about the theft of trains

To report a theft on a train in India, passengers can approach onboard staff such as the train conductor, coach attendant, guard, or personnel from the Railway Protection Force (RPF) or Government Railway Police (GRP). They can also call the RailMadad helpline at 139 or the RPF helpline at 182 (especially for women). As per Indian Railways directives, complaints like theft, robbery, or dacoity can be officially reported to these authorities, who will assist in lodging an  FIR . They will provide you with the FIR forms, which may be filled by you to the best of your knowledge and handed over to them. It is important to furnish a complete list of items that have been stolen as it would help the police to find your valuables. The concerned staff will then forward it to the nearest GRP police post which will keep the victim informed of the actions taken in his or her case. Further, if the aggrieved person is facing any difficulty in filing an FIR he or she can approach the RPF Assistance Posts at major railway stations for any assistance.
 

Passengers can also file a complaint online or through & lsquo SMS'

The passengers can also file a complaint through the passenger-friendly “ Customer Complaint Web Portal and Mobile App.” The passengers who want to file a complaint and make any suggestions can simply log on to the Indian Railways web portal or download the mobile app from the website.

Once the complaint is filed through the web portal or the mobile app it will be auto-assigned to the railway official concerned for redressal. The complainants will receive a message on their mobile phones and via email about the action taken on the matter. A complaint or suggestion can also be sent as a free-flow text SMS to the number 9717630982 which will be assigned a unique complaint ID number through which the complainants can track the progress of their complaint.
 

What are your options if the luggage is lost or damaged?

In case the luggage is being sent as a consignment the value of which has been booked by the consignor and the prescribing percentage has been paid, the consignor will be entitled to get the claimed amount which will not be more than the value of the luggage declared at the time of booking. However, where the consignor has not declared the value of the consignment and the percentage charges have not been paid, the monetary liability of the railways has been limited to Rs. 100/kg in such cases.

How can a lawyer help you?

One of the first and most important steps you should start with is to hire a good criminal lawyer , as he is aware of the legal processes and nitty-gritty involved in the criminal case. A criminal lawyer has the legal knowledge and experience necessary to handle and draft necessary documents related to the offense. He will be able to guide you and draft relevant documentation for you according to your special circumstances and facts, and the necessary things to be involved. A criminal lawyer is aware of good legal techniques. Hiring a lawyer will help you in more ways than one. You can also ask a lawyer online a free legal question using LawRato's Ask a Free Question service.
 

Tips to keep your belongings safe while traveling

According to the railway data, there were 5,174 theft cases of passengers' luggage in 2012, which rose to 6,258 in 2013 and the number increased further to 7,606 in 2014. The railways have been constantly taking steps to curb the issue of theft and of course, there are railway guards and TTE whose duty is to provide safety to passengers and prevent robberies from taking place, however, one can be vigilant enough to prevent these problems beforehand or at least minimize the damage by taking the following measures:

1. Always keep your valuables like a camera, laptop, or anything else you don't want to be stolen with you. Preferably in a money belt or a small backpack.

2. Purchase travel insurance and make sure that it covers your valuables.

3. Beware of anyone who is offering help with your bags. Use luggage porters available at the stations in case you cannot carry your luggage.

4. Be cautious of your surroundings at all times. If something seems out of the ordinary, report the same to the appropriate authority.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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