How to Respond to Summons for a White-Collar Crime Case? Best Lawyer for White Collar Crimes in Delhi
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Do not panic if you have received a summons for a white-collar offense? It is important to understand steps and your legal alternatives. These socio-economic crimes have direct legal implications and commonly comprise laundering gains, financial greed, fraud, stealing, and business misconduct. A summons is a legal document that notifies you of the commencement of legal proceedings against you and requires your presence in court. Summons are signed by officer/judge and affixed by court stamps.
Legal Provisions:
● Introduction of Bhartiya Nyaya Sanhita in 2023 is the biggest step in India’s legal fraternity.
● Section 91 of the CrPC: This allows the courts to issue summons to anyone who can produce relevant evidence which can be available during legal proceedings.
● Section 160 of the 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.
Steps and Guides to Navigate the process
Immediate steps you should consider, upon receiving a summons:
- Notice of intention: Understand the allegations against you, which court you need to appear, and the date and time of the hearing.
- Lawyer Consultation: Hire a counsel from a lawyer specializing in white-collar crimes in Delhi who has experience of handling white-collar crimes and specializes in litigation and dispute resolution. Ignoring a Summon is not an option. The Attorney can make you comfortable by explaining things in simple terms. This can open up a lot of possibilities which can help you. Having a competent legal team is vital.
- Collect Evidence: collect various files, documents, financial statements, emails etc., which can act as your evidence and support your defense.
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.
Responding to the Summons
- Court’s Presence: Make sure to appear in court in the time specified in summons, otherwise the court might issue a warrant and fines against you.
- Written Response: 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.
- Identifying Key Evidence: Determining which documents and witness testimonies are crucial for your defence.
- Exploring Legal Defences: Depending on the charges’ nature and scope the defendant may also have claims against the plaintiff, in which case it’s important to counterclaim.
Compliance for Bail
When attending the court hearing, ensure you are punctual and presentable. Be prepared to make your case or respond to the prosecution’s allegations. After the hearing, comply with any court orders or directives. This could include providing additional documents, appearing for subsequent hearings, or adhering to bail conditions if granted.
Application for Anticipatory Bail:
Uncertainty there’s a possibility of arrest, discuss the option of applying for anticipatory bail with your lawyer. This pre-emptive measure can help you avoid being taken into custody.
● Section 438 of the CrPC: This deals with the grant of Anticipatory bail, which might be relevant if you fear arrest.
● Section 167 of the CrPC: This deals with the investigation, custody timelines in various situations.
Relevant Case Laws:
● Gurbaksh Singh Sibbia vs State of Punjab (1980) 2 SCC 565 : landmark judgment on the provisions of anticipatory bail.
● Siddharam Satlingappa Mhetre vs State of Maharashtra 2021 SC 330: reinforced the principle that anticipatory bail should not be denied on mere technical grounds.
● State of Gujarat v. Mahesh Kumar Dheerajlal Thakka: cannot accept the term “trade” as “fees” with no essence of profit making.
Conclusion
Responding to a summons for a white-collar crime case requires prompt action, legal expertise, and strategic planning. By understanding the legal process, working closely with experienced legal counsel, and adhering to deadlines, an individual can ensure they mount a solid defense while minimizing potential legal reputational harm.
FAQs:
List down a few immediate steps after receiving a summons for a white-collar crime?
● Hire a lawyer
● All related lawful accounts and assets of the individual is protected
● No answers without lawyer
● Understand the allegations
● Submission of the all the evidences and proofs
● Don’t panic and run away
Can I avoid the arrest if I get a summon for white-collar offense?
➔ You can avoid arrest in some situations depending on the gravity of the crime and whether you have got a clean background or not. You can follow these steps:
● File for Anticipatory Bail.
● You can cooperate with the courts and provide any documents if it’s required. Also you must abide by any questioning requests.
● If you feel the summon is not justified then you can ask your lawyer to file a petition against that.
Received Summon for a White-Collar case, What are your rights?
➔ Important to know your rights if summoned for a white-collar crime case:
● Right to Legal Counsel
● Right to be Informed about your charges
● Right to Present Evidence
● Right to Fair Hearing
● Right to apply for Bail
Authored By; Adv. Anant Sharma
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