If you are stuck in such a situation, here is what to do.
A few years ago, an elderly couple, Mr. and Mrs. Kumar, visited a branch of 'Prosperity Bank' in the city of Alipur to withdraw a substantial sum of money for a family emergency. While they were still within the secure premises of the bank, a thief skillfully cut their bag and made away with the entire cash amount. The theft was discovered moments later, still inside the bank.
The family immediately reported the incident to the bank manager and subsequently filed a First Information Report (FIR) with the local police. During the initial inquiry, they requested access to the bank's CCTV recordings. Shockingly, the footage for the precise time window when the theft occurred was found to be missing. The recording was intact before and after the incident, but the crucial moments had vanished, raising strong suspicions of internal negligence or complicity. Due to a major public health crisis that followed, the matter lost momentum, and the investigation stalled. The family, disheartened, eventually resigned themselves to the loss. Now, years later, they are contemplating whether it is still possible to seek justice and hold the responsible parties accountable.
Advice in such cases
If you find yourself in such a distressing situation, it is crucial to act swiftly and methodically. The initial hours are critical for evidence preservation and setting the legal process in motion.
- Immediately inform the Bank Manager in writing about the theft. Ensure you get a receiving copy of your complaint.
- Do not leave the bank premises without alerting the authorities. Call the police helpline and report the crime.
- Go to the nearest police station and file a First Information Report (FIR). Mention the date, time, amount, and the fact that the theft occurred inside the bank.
- Preserve all related documents, such as the withdrawal slip, a copy of the FIR, and any written communication with the bank.
- File a formal complaint with the Banking Ombudsman, detailing the bank's failure to provide a safe environment and the suspicious absence of CCTV footage.
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Applicable Sections of Law
This scenario involves multiple legal provisions under Indian law. Banks have a duty of care towards their customers, and any lapse can make them liable.
- Section 303 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with theft. The act of dishonestly taking movable property (cash) out of a person's possession without their consent constitutes theft.
- Section 239 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section pertains to causing the disappearance of evidence of an offence or giving false information to screen an offender. The mysterious absence of CCTV footage could fall under this provision.
- Section 61 of the Bharatiya Nyaya Sanhita, 2023 (BNS): If there is suspicion of involvement by bank employees, provisions related to criminal conspiracy could be invoked.
- Consumer Protection Act, 2019: A bank's failure to ensure the safety of its customers and their property within its premises amounts to a "deficiency in service." A complaint can be filed before the appropriate Consumer Disputes Redressal Commission.
- Reserve Bank of India (RBI) Guidelines: RBI has issued various circulars making it mandatory for banks to install CCTV cameras and ensure they are functional to safeguard customer interests. Non-compliance is a serious lapse.
If you are the complainant
As the person pursuing the case, your role is proactive and requires persistence.
- Regularly follow up with the Investigating Officer (IO) at the police station to know the status of the investigation.
- If you feel the police are not investigating the matter properly, you can file an application under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) before the Superintendent of Police.
- If there is still no progress, you can file a private complaint directly before the jurisdictional Magistrate under Section 222 of the BNSS.
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
- Gather contact information of any other customers or individuals who were present at the bank and might have witnessed something.
If you are the victim
As the direct victim of the crime, your immediate actions and well-being are paramount.
- Your safety is the first priority. Raise an alarm immediately to attract the attention of bank staff and security.
- Insist on speaking with the highest-ranking official present at the branch, which is usually the Branch Manager.
- Note down the names and designations of all bank employees you interact with regarding the incident.
- Do not accept verbal assurances alone. Insist on a written acknowledgment of your complaint from the bank.
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
How the police behave in such cases
The police response can vary. Initially, they will register the FIR, as it is a cognizable offence. The investigation will typically involve visiting the bank, questioning the staff, and officially seizing the CCTV hard drive for forensic analysis. However, when crucial evidence like video footage is missing, the investigation can hit a wall. The police might be inclined to file a closure report terming the case as "untraced" due to a lack of leads. It often requires persistent follow-up from the complainant and their lawyer to ensure the police investigate the angle of evidence destruction and potential internal complicity by the bank staff.
FAQs people normally have
Can I sue the bank for the stolen money?
Yes, you can file a case against the bank in a Consumer Court for "deficiency in service." While recovering the exact stolen amount is challenging, the court can award compensation for the bank's negligence in failing to provide a safe environment, which includes maintaining functional CCTV cameras.
Is it too late to pursue a case filed years ago?
For a criminal case, if an FIR was already filed, it remains open until a final report (closure or chargesheet) is filed by the police. You can file an application with the police or the court to press for the investigation to be revived. For a civil claim in Consumer Court, there is a limitation period of two years from the date the cause of action arose. However, a lawyer can advise if there are grounds to seek a condonation of delay, especially given the intervening circumstances.
What if the police close the case?
If the police file a closure report, the court will issue a notice to you (the complainant). You have the right to file a "Protest Petition" against the closure, arguing why the investigation was inadequate and why the case should proceed. The Magistrate can then order further investigation or take cognizance of the offence based on your petition.
What evidence is required?
Evidence is key to building a strong case, both with the police and in consumer court.
- A certified copy of the FIR.
- The bank statement or withdrawal slip proving the transaction.
- A copy of the written complaint submitted to the bank and any response received.
- Any correspondence with the Banking Ombudsman.
- A written record or police report noting that the CCTV footage was missing.
- Names and statements of any potential witnesses.
How long will the investigation take?
There is no fixed timeline for a police investigation under the BNSS. Simple cases might take a few months, but complex ones, especially those with missing evidence, can remain pending for years. The process involves recording statements, forensic analysis (if any), and tracing the accused. If the case goes to trial after a chargesheet is filed, the judicial process itself can be lengthy. A proactive lawyer can help expedite the process by filing relevant applications and regularly following up with the authorities.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a criminal advocate in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.