
Understanding Vehicle Theft: Legal Definitions and Consequences
Sep 30, 2024
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Vehicle theft, whether it involves cars, motorcycles, or any other vehicle, is a serious crime in India. It affects not only the victim's property but also their safety and sense of security. The Bharatiya Nyay Sanhita (BNS) has specific sections that deal with vehicle theft, and there are clear legal remedies and police procedures to address this offense.
Legal Provisions for Vehicle Theft:
Section 303 BNS: This section defines theft, including vehicle theft, as dishonestly taking any movable property (like a vehicle) out of someone’s possession without their consent.
Punishment : Section 303(2) Imprisonment for up to 7 years, or fine, or both.
Section 317 (2) BNS: Deals with receiving stolen property, which includes the possession or sale of a stolen vehicle.
Punishment: Imprisonment for up to 3 years, or fine, or both.
Legal Remedies for Vehicle Theft:
Filing a Police Complaint (FIR): The victim should immediately file a First Information Report (FIR) at the nearest police station with all details about the stolen vehicle, such as make, model, registration number, color, and any identifiable marks.
Insurance Claim: If the vehicle is insured, the victim can file a claim with their insurance provider. A copy of the FIR and the police investigation report will be required to process the claim. The insurance company may compensate for the value of the vehicle, depending on the policy.
Vehicle Recovery: If the vehicle is recovered, the police will notify the owner. The victim can reclaim the vehicle by providing proof of ownership, such as the registration certificate (RC), and completing the necessary paperwork.
Civil Suit for Damages: In cases where the vehicle theft results in additional damages (such as loss of valuable items inside the vehicle), the victim may file a civil suit for compensation.
Police Procedure for Vehicle Theft Cases:
Filing an FIR: The first step is to file an FIR with all relevant details about the vehicle. This can be done at the local police station where the theft occurred or online in some states where e-FIR services are available.
Investigation: The police will investigate the case, which may involve searching for the vehicle using its registration number, checking CCTV footage, and patrolling known areas for vehicle theft. The vehicle’s chassis and engine numbers are also used to track its location.
Vehicle Alerts: The police may notify nearby police stations and highway patrols about the stolen vehicle. This helps in tracking the vehicle across jurisdictions.
Recovery and Charges: If the vehicle is recovered, the police will charge the thief under relevant sections of the IPC, and the vehicle will be returned to the owner after verifying the documents.
Court Proceedings: If a suspect is caught, the case will proceed to court, where the accused will face trial for theft. If found guilty, they will be punished according to the law.