non reporting crime
J. P. Shah
(Querist) 27 June 2009
This query is : Resolved
A fraud is committed in a bank branch. The matter is not reported to police. Is it legally binding on branch head to report the matter to police under IPC or CrPC? If he does not report to police, does he commit any offence?
A V Vishal
(Expert) 28 June 2009
Yes, it is legally binding on the branch manager to report it else he too becomes an abettor
PARTHA P BORBORA
(Expert) 28 June 2009
there are some technical problems such as whether any body can prove that the manager has not informed police that a froud was committed? if the answer is yes the BM will be liable for abetting.
Kiran Kumar
(Expert) 28 June 2009
Vishal is correct....its a duty incumbent upon every citizen of India to report the matter to the authorities which involves crime.
J. P. Shah
(Querist) 29 June 2009
Thanks to all for nice guidance.
Shri R. Siva has advised to refer the matter to higher offices of the bank. But due to external pressure higher offices are not interested in reporting the matter to police. Accused has paid back huge amount of fraud to the bank. Higher Offices officially know all details and special audit was also conducted.
My problem is whether branch manager will be liable for not reporting the fraud to police as required by law, if he does not do so at the instance of higher offices and whether higher office's instructions to violate a law is legal or not.
Pl guide as branch manager is my friend and is in fix between law and instructions of higher offices.
What happens if unions or some one else at a future date digs out the fraud and publishes in newspaper or blackmails for not reporting. The frauduster is facing dismissal shortly.
Pl inform me relevant sections of IPC or CrPC.
PARTHA P BORBORA
(Expert) 29 June 2009
there may be some legal problems. if the froud is committed by forgery it comes under the scope of Sec 468 IPC and if the froud is in transection it6 comes under 420 IPC.
deepak kumar
(Expert) 30 June 2009
it is the duty of the branch manager to report the matter at the earliest and any delay in this regard will strengthen a presumption against him
section 39 CrPC casts a duty upon general public and the manager being a public servant also comes within it's perview and is expected to behave in a more responsible manner.
he would be liable to be punished under section 202 IPC.
ASK HIM TO REPORT THE MATTER AT ONCE TO THE POLICE
J. P. Shah
(Querist) 30 June 2009
Thanks a lot to all the experts. Matter is clear to me now.
