Can you file a criminal FIR against a courier company for stealing notes from a parcel?

The BNS provisions — three separate but overlapping offences

BNS Section 303 defines theft as dishonestly taking movable property out of the possession of another person without that person's consent. A courier employee who removes a numismatic note from a sealed parcel in transit has taken movable property (the note) out of the possession of the sender (who entrusted it) and the intended recipient (who was to receive it) without consent. Theft is established.

BNS Section 308 defines criminal breach of trust as the dishonest misappropriation of property entrusted to a person. A courier company accepts the parcel in trust — for the purpose of delivering it intact to the specified address. An employee who removes contents from that parcel has misappropriated entrusted property. Criminal breach of trust is established. BNS Section 316 applies specifically where the breach of trust is committed by a clerk, servant, or employee — aggravating the offence.

If the missing notes were replaced with fakes — counterfeits or deliberately substituted ordinary notes — BNS Sections 338 (forgery) and 340 (forgery for purpose of cheating) also apply. The substitute notes are forged in the sense that they are presented as genuine pieces when they are not the pieces that were in the parcel.

Where to file the FIR

The FIR can be filed at the police station that has jurisdiction over: (a) the location of the courier's sorting hub where the theft most likely occurred, (b) the place of delivery where the tampering was discovered, or (c) the sender's location. Under the BNSS 2023, for offences committed partly in different places, the FIR can be filed where any part of the offence occurred or where the consequences were felt.

In practice, filing the FIR at your local police station — the recipient's location — is the most practical starting point. The police will investigate and, if the theft occurred at a different jurisdiction's hub, they will transfer or coordinate with the relevant station. Filing at your local station rather than trying to determine the exact hub location eliminates the question of which station has primary jurisdiction.

What the FIR investigation should target

The FIR investigation will typically focus on: CCTV footage at the courier's sorting hub (which facilities handle the specific tracking number's transit); the courier's internal handling records showing who processed the parcel; any anomalous gaps in the tracking timeline (an unusual delay between scanning steps may indicate the parcel was held somewhere abnormal); and the weight of the parcel at booking compared to its weight at delivery (a note removed should show as a weight discrepancy).

Provide the police with: the booking receipt, your pre-posting photographs showing the note in the parcel, the photographs of the tampered parcel at receipt, the purchase invoice for the note, and the tracking record showing where in the transit chain the last scan occurred before delivery.

Laws & authorities referenced in this chapter

BNS 2023 — §303 (theft), §308 (criminal breach of trust), §316 (breach of trust by servant/employee)

BNS 2023 — §338 (forgery), §340 (forgery for purpose of cheating) — if fake notes substituted

BNSS 2023 — §173 (cognisable offence; police must register FIR and investigate), §177 (jurisdiction)