• Lost gold Jewellery

We have lost our gold jewellery and we have identified it very late.

We carried the jewellery from Bangalore to my native in Andhra Pradesh for a wedding in the last week of March 2024. My wife wore it on the day of marriage. After the wedding we stayed at my parent's home for 3 days and returned back to Bangalore. Immediately within 4 days we had to travel back to my native. We took the jewellery box along with us but haven't verified the contents. We travelled in our car by hiring a driver. We stayed for 2 weeks and returned back to Bangalore in mid of April. 

Only in August she opened the box and found jewellery missing. from the day of marriage till August we haven't checked the contents in the box.

We have maids both at Bangalore and at my native and none have their behaviour changed nor have quit. Unfortunately we didn't lock the suitcase and so even the driver has a possibility as we have left car with him for a break for around 10 minutes on the way. 

We are not sure how/where it was stolen. 

What are our options? Can this be reported to the police after so long? should report be in my native or in Bangalore. Would police take any action as its been 5+ months since the possibility of the theft.
Asked 1 year ago in Criminal Law
Religion: Hindu

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11 Answers

A complaint for theft of gold jewelry can be reported to the police in India, even if it's made after some time. However, the Supreme Court has noted that delayed reports can be less reliable because they may include exaggerated or fabricated details. If there is a delay, the prosecution must provide a satisfactory explanation. 

 

Collect any relevant documents, such as valuations, receipts, photos, and certificates for diamond grading or laser inscription

Call the police at the location where the theft occurred. Even if the police can't find the thief, they can check their own and neighboring departments' inventories of recovered items.

No doubt tracing of lost jewels, especially in a situation similar to yours may be impossible.


In a lot of cases the jewellery will have been dismantled, or else is very difficult to trace.

If you stone is certified with the report number engraved on the stone, be sure to notify the certifying body.l 

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

- As per law, the complaint will be maintainable at the police station where the cause of action was arose i.e. where the incident was happened. 

- Since, you are not sure that where the said items were stolen and specially by whom , then the police will not take any legal action on your complaint. 

- If there is no change in behavior of your maid , then there is least chances towards her committal of the offence and the doubts are going against the said driver. 

- Hence, you can file a complaint against that driver after narrating that due to bad health reason you could not file the complaint on time of offence. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. The only option left before you and also the Standard Operating Procedure in such cases is to lodge a police complaint.

 

2. Detecting the loss/theft after lapse of few months is not unnatural and then fact that you did not find it necessary to check the jewelry box before should be mentioned in your complaint letter. 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. It is the duty of the police to stress out the driver.

 

2. Delaying in detecting the theft/loss is not a crime for which you need not be worried. Only thing is that the delay in lodging complaint for the theft/loss of Jewelry reduces the chance of its recovery.

 

3. Police can not legally refuse to take the Complaint (though most of the time they illegally refuse to record it). If you find that they are refusing to accept your written complaint, send it by speed post and preserve the postal receipt. After 5/6 days, surf the portal of India post and download the track record of your mail which will evidence that the police has received your complaint on a particular date.

 

4. If police does not register FIR based on your complaint, file a Writ Petition against Police inaction before the High Court at Bangalore praying for a direction upon the police to register FIR based on your said Complaint, investigate and act as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You may have to give convincing reason for the delay in lodging the complaint against the theft of jewellery.

If you suspect the driver you can very well name him as a suspect besides any other suspect, if any.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

There is delay of 5 months in filing FIR 

 

2) further you are not sure whether jewellery was stolen from your residence or during travel or at your native place 

 

3) it wound be difficult for police to investigate when you are not aware as to when jewellery was stolen 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

 

You can try to lodge FIR and take the plea that you only recently discovered theft and have immediately filed FIR 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Dear Client,

I deeply sympathize with your situation regarding the loss of your valuable gold jewellery, and I understand how distressing this must be for you and your family. In Indian law there is a provision which allows the person to complain to the police even after so much delay. For theft, you should file an FIR under Section 303 of BNS Act. I think it is wise to file a complaint at both Bangalore and at your village in Andhra Pradesh since the theft may have taken place at either of these two places. It is usually accepted by the police especially bearing in mind that a lot of times one can give health issues as the cause of a delay in reporting the incident. Also, be sure to give information regarding the people who had access to the house, such as, the maids, the driver among others. You will get the police involved depending on the information you pass to them. Despite the fact that it has been five months now, it is vital to make the report at the earliest stage possible in order to increase the possibility of the recovery or else investigation.

I hope this explanation meets your needs precisely. If you need any further assistance from our side, do not hesitate to contact us again.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- You can file a Zero FIR any where after giving the details of incidence. 

- Yes, this can be only a reason. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

There is no harm in taking a chance still By filing a complaint with the police, as there is no limitation period to file criminal case. 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Dear sir, 

it is better t lodge complaint in bengaluru itself so that it became viral among your p[resent maid servant etc.. so that in future such incidents may not happen. you may give reasons for delay and police will accept your complaint and at the end they may file C report saying that thieves could not be traced out.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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