If you are stuck in such a situation, here is what to do.

Mr. Rohan Kapoor, a resident of a foreign country, was visiting the city of Alipur in India for business and to explore its rich culture. During his stay, he was unfortunately duped in a sophisticated financial scam orchestrated by a company named ‘Apex Financial Solutions’. He lost a substantial amount of money and decided to take legal action to recover his funds.

He hired an advocate through an online portal called ‘Vidhi Sahayak’. However, it has been over four months, and Mr. Kapoor has seen no tangible progress in his case. His advocate is extremely slow to respond to his queries, often taking weeks to reply to an email. Mr. Kapoor is now in a difficult position, feeling helpless and wondering if the delay is normal in the Indian legal system and what steps he can take next.

Advice in such cases

Facing unresponsiveness from your legal counsel can be incredibly frustrating, especially when you are dealing with the aftermath of a scam. Here is some general advice:

• Document Everything: Keep a detailed record of all your communications with the lawyer, including dates of calls, emails sent, and any responses received. This log will be crucial if you decide to escalate the matter.
• Formal Communication: If informal follow-ups are not working, send a formal email or a registered letter to your lawyer. Clearly state your concerns about the lack of progress and request a detailed update on the steps taken and the proposed plan of action within a specific timeframe.
• Understand the Process: While the Indian legal system can have its delays, four months with no communication or progress on filing a basic complaint is a cause for concern. It is important to differentiate between procedural delays and professional negligence.
• 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

In cases of financial scams and cheating, the primary legal framework is the Bharatiya Nyaya Sanhita (BNS), 2023. The relevant sections include:

• Section 318 of the BNS, 2023: This section deals with the offence of ‘Cheating’. It applies when someone fraudulently or dishonestly deceives a person to deliver any property.
• Section 319 of the BNS, 2023: This section covers ‘Cheating and dishonestly inducing delivery of property’, which is an aggravated form of cheating and carries a more severe punishment.
• Section 316 of the BNS, 2023: In some cases, ‘Criminal breach of trust’ may also be applicable if the person was entrusted with property and misappropriated it.

If you are the complainant

As the complainant who has initiated the legal process, you have certain rights and steps you can take if you are dissatisfied with your legal representation.

• Seek a Second Opinion: You are well within your rights to discuss your case with another advocate to get a fresh perspective on the matter and the handling of your case so far.
• Consider Changing Counsel: If you have lost confidence in your current lawyer, you can terminate their services. You should formally do so in writing and request the return of your case file and any unused funds.
• File a Complaint: If you believe there has been professional misconduct, you can file a complaint against the advocate with the respective State Bar Council.
• 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.

If you are the victim

Being a victim of a scam is emotionally and financially draining. The added stress of an unresponsive lawyer can make matters worse. It is vital to remember your rights and stay proactive.

• Your Right to Information: You have the right to be kept informed about the progress of your case. Your lawyer has a professional duty to provide regular updates.
• Take Control: Do not feel powerless. The legal process is in place to serve you. If one representative is failing, you have the option to find another who will diligently pursue your case.
• Preserve All Evidence: Continue to safeguard all evidence related to the original scam, such as bank statements, communication with the scammers, and any agreements.
• 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

When a complaint of a financial scam is filed, the police are required to act as per the procedure laid down in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Typically, the process involves:

• Registration of FIR: Upon receiving a complaint that discloses a cognizable offence, the police will register a First Information Report (FIR) under Section 173 of the BNSS.
• Investigation: An Investigating Officer (IO) will be assigned to the case. The IO will collect evidence, record statements of the victim and witnesses, and trace the accused.
• Specialized Units: For complex or high-value financial frauds, the case may be transferred to a specialized unit like the Economic Offences Wing (EOW) or Cyber Crime Cell, which has greater expertise in handling such matters.
• Filing of Final Report: After the investigation is complete, the police will file a final report (chargesheet) before the competent court. The BNSS mandates specific timelines for completing investigations to reduce delays.

FAQs people normally have

Can I get a refund from my lawyer if there’s no progress?

A refund of fees depends on the terms of your engagement agreement with the lawyer. If the lawyer has not performed the agreed-upon services, you may be able to claim a refund. It is best to discuss this with a new lawyer.

How do I get my case documents back from my old lawyer?

You can send a formal written request to the lawyer to return your file. A lawyer is ethically bound to return the client’s papers once their professional fees and expenses have been settled.

Is it common for cases in India to take this long?

While the judicial process can be lengthy, a complete lack of action and communication from a lawyer for several months at the initial stage is not normal. Filing a complaint or sending a legal notice does not usually take this long.

What evidence is required?

For a financial scam case, the following evidence is crucial:

• Bank account statements showing the transfer of money.
• Copies of any contracts, agreements, or receipts.
• All communication records with the scammers (emails, text messages, chat transcripts).
• Contact details of the accused persons or company.
• Statements from any witnesses who were aware of the transaction.

How long will the investigation take?

The duration of a police investigation can vary significantly based on the complexity of the case, the amount of evidence to be collected, and the whereabouts of the accused. The BNSS aims to expedite this process, stipulating that investigations should ideally be concluded within 90 days from the date the information was recorded by the officer, though extensions can be granted by the court in complex cases.

Advocate Sudhir Rao, Supreme Court of India