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Rashi   07 October 2017

What proof is needed to convict of theft

My friend is blaming me for his wallet theft as I was travelling with him in taxi. What proof does he needs to convict me of theft.


 29 Replies


             circumstantial evidence.

  • there were only 2 of you in the taxi.
  • your friend obviously carried his wallet in one of his pockets. 
  • when he reached to pay the cab driver he found his wallet missing
  • you were the only other passenger in the taxi apart from him.
  • the cab driver was in the front seat, so he could not have taken your friend's wallet. 

         However, you can save yourself, if you can prove that your friend forgot to take his wallet with him at time of his journey. Or if he left it home. Or if it fell out of his pocket prior to his journey.Those instances excuse criminal liability for theft on your part. 

Your friend cannot convict you. It is for the Court to do so. At best he can file an FIR against you for theft. 

 If worse comes to worse, file an application for anticipatory bail and consult a lawyer

Rashi   10 October 2017

Can court convict me on this much proof then.


Miss Rashi,

You have certain constitutional and statutory protections u/Criminal Procedure Code. Let your friend first prove in court that you stole his wallet.Mere allegations of theft do not substantiate his wild insinuations that you stole his wallet.

Court can convict u only on basis of proving all circumstantial evidence, as I mentioned in my previous post, only if the causal chain of facts are unbroken. In your case, you can't be convicted just like that, as first it must be established that your friend did not leave his wallet at home/dropped it somewhere prior to boarding the cab etc.

Plz do not worry. U can contact a good lawyer for further details.


Advocate KayBee

Rashi   10 October 2017

Does he need direct evidence as well to prove that I have stolen as he�s putting false allegation on me.


Like I said, on his side he needs to conclusively prove circumstantial evidence in his favour. He just needs to prove that the wallet was with him and that only the two of you were in the taxi at time of alleged occurrence of event; i.e. wallet theft. In such cases, court will rely solely on circumstantial evidence. Just by word of mouth/false allegations and wild insinuations does not judicially establish his case that you are responsible for theft of his wallet.

It is for you to somehow prove that the wallet was not with you. That he had left it home. Or that it had fallen out of his pocket prior to him entering taxi. 

Rashi   10 October 2017

How will he prove that his wallet was with him and how will I prove that he�s putting false allegation on me. I m worried. I haven�t done it.

Rashi   10 October 2017

And also how will I prove that he�s not carrying his wallet prior to entering taxi

Rashi   10 October 2017

I m waiting for your reply @AdvocateKayBee


Miss Rashi

Please don't take offense at my next words. I'm trying to just give an example.

If I cast a bad imputation on your character, does that mean that you have a bad character? It doesn't. I need to substantiate my contentions using direct/circumstantial evidence,right?

Similarly, just because your friend has lost his wallet and there were only 2 of you does not necessarily make you the thief. He may say what he wants to. But ultimately he has to prove to satisfaction of court that you were the culprit. That circumstantial evidence and motive existed on your part which pointed to your direction as being the alleged thief. Reason with your friend to file a lost report (LR) with police, instead of taking the direct FIR step. 

If he lodges the FIR against you for theft, file a counter-FIR against him for offense of defamation.Let police investigate and file a final report on the incident. You have nothing to worry about, unless police report is final on the issue of missing wallet. 

As regards taxi part, I just want to know one thing. How soon, after you both boarded the cab, did your friend find out that his wallet was missing? 10 min? 20 min? And ordinarily, where did ur friend keep his wallet? In front or backpocket? Its important.  

Rashi   10 October 2017

When I left the cab then his wallet was missing. I don�t know where he kept hi s wallet. And does he has to prove that when I left no one entered the cab as well. And can I have your email I�d so that I can contact you on your mail. My email is rashijain1599@mail.com

Rashi   10 October 2017

My battery is low. I reply you in sometime. Please reply I am seriously worried



Originally posted by : Rashi
I m waiting for your reply @AdvocateKayBee

Reply already given @ Rashi


U said that when u left the cab his wallet was missing right? did he get off first, or did u get off first? And what was the vehicle make? Which cab were u traveling by? Ola? Uber? Meru? that is very important. 

 Plz think and then reply as ur answer is all important,Miss Rashi. It could be of crucial importance in defending your case.

My e-mail is basu_kunal@hotmail.com. However, it is most advisable that you please contact an expert criminal lawyer in your area first. DLSA may be able to help u out.

Rashi   10 October 2017

I got off first and it was a shared cab so does he has to prove that no entered the cab after me leaving the cab? I was travelling by ola

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