Can I avoid Arrest in an Economic Offence Case? Legal Options Explained by Best Lawyer for White Collar Crimes in Delhi
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If someone is involved in a certain white-collar crime such as frauds related to finances of any organization like embezzlement or money laundering, cybercrime, insurance frauds etc., you can find yourself in a spot where you may receive summons from certain institutions like courts or government agencies. What should I do in such cases? Let’s look at some options:
- First and foremost, thing is to keep your head clear and do not panic. As a defendant after notification, you will get reasonable time to respond. So, don’t make hasteful decisions.
- Now, please read and understand the summons. Summons are writ containing the order to appear before court. You should know what is the specific time you are asked to appear in the court and what is the actual purpose/charges against you.
- Please make sure that you should refrain talking about your charges to anyone in our vicinity or on social media. This is because anything you would say can be used against you. In such circumstances, the only person you should speak to is your Lawyer.
- Get a Lawyer who has experience of handling white-collar crimes and specializes in litigation and dispute resolution. The Attorney can make you comfortable by explaining things in simple terms. This can open up a lot of possibilities which can help you.
- Also, now it’s important for you to collect various files, documents, financial statements, emails etc., which can act as your evidence and support your defense. Just make sure to never delete or hide any documents, otherwise you may seem guilty.
- Make sure to provide all the information and provide the set of evidence you have gathered to your lawyer. A seasoned lawyer will go through all your evidence and all sorts of written materials and efficiently find the information best suited for the case.
- The Lawyer would write the formal response to your summon explaining your grounds. The response should have the grounds of denial.
- Depending on the charges’ nature and scope the defendant may also have claims against the plaintiff, in which case it’s important to counterclaim.
- Make sure to appear in court in the time specified in summons, otherwise the court might issue a warrant and fines against you.
- Adhere to any investigative procedures directed by the court and be really helpful in every step.
Apart from these important points, sometimes it’s also essential to know some sections of law which can help you to safeguard your interests in any sort of crisis:
Various Sections under Chapter 7 of CrPC- The Process to Compel the Production of Things
Let me mention a few of those and you should have a rough idea about them even though you have your lawyer so that you too can have first level understanding of the technicalities.
Section 91 of CrPC: This allows the courts to issue summons to anyone who can produce relevant evidence which can be available during legal proceedings.
Section 92 of CrPC: This allows the courts to get any postal articles or telegrams from the postal office.
Apart from these you can also go through:
Section 160 of CrPC: This says that the police can ask any witness to be present in court who seems to be acquainted with the facts of the case.
Section 438 of CrPC: This deals with the grant of Anticipatory bail.
Section 167 of CrPC: This deals with the investigation, custody timelines in various situations.
Relevant Case Laws:
● Kartar Singh vs State of Punjab1994 SC (3) 569: Importance of responding to legal summons promptly was majorly discussed herein.
● State of Maharashtra vs Suresh Pandurang Darvakar AIR 2006 SC 2471: Consequences of failing to appear in response to a summons was important in this case.
● Gurbaksh Singh Sibbia vs State of Punjab (1980) 2 SCC 565 : Provisions of anticipatory bail were discussed in this judgment.
● Siddharam Satlingappa Mhetre vs State of Maharashtra 2021 SC 330: Reinforced the principle that anticipatory bail should not be denied on mere technical grounds.
Conclusion
Be truthful to your Attorney and always be on the supporting side. Make sure that you never tamper with the evidence or hide it. Having knowledge of certain sections will help you understand the case properly. Having all the required skills and knowledge you would be in your best position.
FAQs
1: How can we reduce White Collar Crimes?
● Educating people
● Strong investigation techniques
● We can have Stricter laws, guidelines and rules
2: Ensure you know your constitutional rights if you get a summons for a white-collar crime case?
Few of your rights to know when summoned for a white-collar crime case:
- Right to hire a Legal Counsel: You have the right to consult and be defended by a lawyer.
- Right to have a Fair Hearing: Have the right to a fair and impartial hearing.
- Right to be Informed about charges: Authorities must inform you of the grounds of the summons and the specific charges against you.
- Right to Present Evidences: Ensure to present evidences and witnesses in your defense.
- Right to Apply for a Bail: You can apply for bail, and the court will consider your application considering the facts of your case and the nature of the offense.
Authored By; Adv. Anant Sharma
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