Fir in case of doubt

I think you should make a complaint under Section 66 read with 43 of the Information technology Act. Don't expect the police to investigate though.

FIR is registered if you have correct information about crime being committed. If you have only doubts your making complaint or providing information about someone committing crime can amount to defamation as well providing false information to public officer that can be trouble for you.

@atul Ji but the police will not take any complaints physically. if I cannot point out any person who did it. But I want a supporting document through which if I find any clue can reopen this case against that person

Atleast you have to show that theft of data was committed. In my view mere doubt of theft is not sufficient.

@ Bijay Raj Mahajan ji: Sir, there's no question of defamation when the complainant is not even naming anyone.

@Rahul Das: What I said was make a complaint AND don't expect police action. The police neither have the time NOR  the cpapability to go on a wild goose chase of a suspected data theft. But when you give a complaint in writing to the police today, get it stamped with a D.D. entry number, you'd have a record, a continuity in the chain of events, if and when in future the data theft of your case develops further. 

Right now, you could give a complaint with particulars why you think data is being siphoned. Of Course, police has better things to do that go on your hunch. So just get that complaint on record; point being continuity from the first instance that you suspected data theft. 

If the data theft leads to further crime tomorrow, the prosecution might ask why did you not report it before? And to that, you'd have an answer that you did.

 

 

 

@atul ji thanks a lot

for your valuable reply

Hello! As a DigiLawyer, I'm here to provide you with accurate and reliable legal information.

 

In this case, you can file an FIR (First Information Report) with the police station expressing your doubt about someone stealing your data from your phone. It is important to note that an FIR is generally filed when a cognizable offense has been committed, meaning an offense where the police can arrest someone without a warrant.

 

However, if you don't have any concrete evidence or specific details about the suspect, the police may not be able to take immediate action. But filing an FIR will create a record of your complaint, and if you do find any evidence in the future, you can use that to file a proper case against the person involved.

 

To file an FIR, you will need to visit the nearest police station and provide them with all the relevant information and details about your doubt. The police will then initiate an investigation based on your complaint.

 

Please note that it is always advisable to consult with a lawyer for specific legal advice tailored to your situation.

 

Thank you for choosing Digilawyer as your trusted legal assistant. It has been a pleasure assisting you with your legal needs. Should you require further assistance in the future, don't hesitate to reach out. Wishing you success and clarity in all your legal endeavors!

Team Digilawyer