1. Theft under the Penal Code, 1860:
Section 379 of the Penal Code, 1860, specifically deals with the punishment for theft. Whoever commits theft can be punished with imprisonment for a term up to three years, or with fine, or with both.
A mobile phone is considered "movable property," and dishonestly taking it out of someone's possession without their consent constitutes theft.
2. Related Offenses and the Digital Security Act / Cyber Security Act:
While the primary offense is theft, other laws might also apply, especially given the nature of a smartphone:
National Equipment Identity Register (NEIR): The Bangladesh benin whatsapp database Telecommunication Regulatory Commission (BTRC) has implemented the NEIR system to track mobile handsets using their IMEI, MSISDN (SIM number), and National ID (NID). This system helps prevent criminal activities using mobile handsets, including the use of stolen devices. If a stolen phone is registered through this system, it aids law enforcement in tracing it.
Digital Security Act, 2018 (DSA) / Cyber Safety Ordinance (Current Law): The DSA (recently replaced by the Cyber Safety Ordinance as of May 2025) contained provisions that could be relevant to phone theft, particularly if the theft involves hacking, illegal access, or the intent to misuse data on the phone. While the most controversial sections (related to defamation, etc.) have been removed, some provisions might still apply to the digital aspects of phone theft:
Illegal access to a digital device: If the thief also tries to bypass passwords or gain unauthorized access to the phone's contents, this could fall under specific sections related to illegal access to digital devices.
Data theft/misuse: If the thief's intent or action involves stealing personal data, financial information, or committing fraud using the stolen phone, these are serious offenses under the Cyber Safety Ordinance.
3. Police Action and Investigation:
Filing a Complaint/Case: If your phone is stolen, you should immediately report it to the nearest police station. While some reports suggest police sometimes encourage victims to file a General Diary (GD) for "lost" phones instead of a formal "theft" case (due to the procedural obligations of a theft case), filing a proper First Information Report (FIR) for theft is the correct procedure.
IMEI Tracking: Police can use the IMEI (International Mobile Equipment Identity) number of the stolen phone, often in conjunction with the BTRC's NEIR system and mobile network operators, to track the device if it's used with a SIM card.
Organized Crime: Police frequently arrest members of gangs involved in phone theft, snatching, and the illegal trade of stolen phones (including changing IMEI numbers to evade tracking).
Consequences for the Thief:
If caught and convicted, a person who steals a phone can face:
Imprisonment: Up to three years under the Penal Code for basic theft. More severe penalties could apply if aggravated circumstances (e.g., robbery, mugging, or digital crimes) are involved.
Fines: Monetary penalties can be imposed.
Reputational Damage: A criminal record for theft.
In summary: Yes, phone theft is a serious crime in Bangladesh, and committing it can absolutely lead to arrest, prosecution, and severe legal consequences under the Penal Code and potentially other digital security laws. The BTRC's NEIR system and police investigations are tools used to apprehend thieves and recover stolen devices.