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

My name is Anjali, and I am writing this in a state of extreme distress. My mother, Mrs. Mehra, who is 62 years old, has been implicated in a criminal case, and our family is struggling to navigate the legal system. We have engaged a lawyer in our town of Jayanagar, but we feel lost and are not receiving the guidance we desperately need. The situation is particularly challenging as I live and work in a different city, and my mother, who is a single parent, is now retired.

The issue revolves around a First Information Report (FIR) filed by a gentleman named Mr. Khanna. He has alleged that his property was fraudulently registered in the name of another individual, Mr. Singh. In his complaint, Mr. Khanna has not only named Mr. Singh as the primary accused but has also implicated several officials from the Land Records Department and the City Development Authority who were involved in processing the property transfer. My mother, who worked as a processing clerk at the Authority, has been listed as Accused #10 out of a total of 12 accused individuals.

The alleged incident took place in 2020. My mother’s role was purely procedural; she was responsible for verifying that all the required documents were submitted for the property mutation process. She has always been meticulous in her work and asserts that there was absolutely no malicious intent or wrongdoing on her part. Given that she retired in 2023 and the sheer volume of files she handled, she has no specific recollection of this particular case. Since she is no longer an employee, she has no access to official records to even verify her involvement.

This ordeal has taken a severe toll on her health; she suffers from high blood pressure and is in a constant state of anxiety. As her only child, I feel helpless. We have never faced a legal battle before and are unaware of the procedures and what to expect next. We have filed for an Anticipatory Bail, and the hearing is scheduled for this week. I am seeking advice on how we can prove her innocence and extricate her from this distressing situation.

Advice in such cases

• Do not panic. Being named in an FIR does not automatically mean a person is guilty. The police investigation is the first step to determine the facts.
• 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 not satisfied with your current lawyer, it is advisable to seek a second opinion from another advocate specializing in criminal law.
• The application for Anticipatory Bail is the correct and immediate step to prevent any potential arrest. Ensure your lawyer is well-prepared for the hearing with all facts and documents that highlight your mother’s limited and non-criminal role.
• Gather all relevant documents, such as your mother’s service records, which would clearly define her job responsibilities. This can help establish that her role was clerical and she was not a decision-making authority.
• If the FIR appears to be baseless or an abuse of the legal process against your mother, you can consider filing a petition in the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to have the FIR quashed against her.

Applicable Sections of Law

In cases of property fraud, the following sections of the Bharatiya Nyaya Sanhita (BNS), 2023, are often invoked:

• Section 61 of BNS: Punishment of criminal conspiracy. The prosecution will try to prove that all accused, including the officials, conspired together.
• Section 318 of BNS: Cheating and dishonestly inducing delivery of property.
• Section 334 of BNS: Forgery.
• Section 337 of BNS: Using as genuine a forged document or electronic record.

If a public servant is involved, provisions of the Prevention of Corruption Act may also be applied.

If you are the complainant

If you are in the position of Mr. Khanna, whose property has been fraudulently transferred:

• File a comprehensive and detailed FIR with the police, clearly stating all the facts and the sequence of events.
• Submit all documentary proof of your ownership, such as the sale deed, property tax receipts, and any other relevant papers.
• Clearly name all individuals you suspect are involved, including the primary beneficiary of the fraud and any officials who you believe colluded in the act.
• Regularly follow up with the Investigating Officer to ensure the investigation is progressing.
• 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

If you are in the position of Mrs. Mehra, who has been falsely implicated:

• The first priority is to secure Anticipatory Bail under Section 482 of the BNSS to protect yourself from arrest during the investigation period.
• 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.
• Cooperate with the police investigation, but only under the guidance of your lawyer. Do not give any statement or sign any document without your lawyer’s advice.
• Gather evidence that supports your innocence. This includes your service records, departmental rules that outline your duties, and bank statements to show you received no financial benefit from the transaction.
• Your lawyer can file a petition in the High Court to quash the FIR against you if it can be demonstrated that the allegations are frivolous, vexatious, or that you were simply performing your official duty without any criminal intent.

How the police behave in such cases

In complex white-collar crimes involving multiple accused parties, including government officials, the police investigation proceeds cautiously. They will summon all individuals named in the FIR for questioning to understand their specific roles. The Investigating Officer will collect documentary evidence from the concerned government departments to trace the entire process of the property transfer. The focus will be on establishing a money trail or other evidence of conspiracy. It is common for the police to be thorough, but it is essential to have legal representation during all interactions to protect your rights.

FAQs people normally have

What evidence is required?

For the prosecution, key evidence includes the original and forged property documents, statements from witnesses, and records from the land department showing the illegal transfer. They will look for evidence of collusion among the accused.

For the defense of an implicated official, crucial evidence includes service records defining their limited duties, proof that they followed standard operating procedures, and financial records (like bank statements) to demonstrate a lack of any illicit enrichment connected to the alleged crime.

How long will the investigation take?

Investigations in such cases are typically time-consuming due to the need to collect and analyze a large volume of documents and record statements from multiple accused and witnesses. The process can take anywhere from several months to over a year before the police file a final report (either a chargesheet or a closure report) in court. The timeline depends on the case’s complexity and the investigating agency’s efficiency.

Advocate Sudhir Rao, Supreme Court of India