Use of atm card by any one after death of a person

·         A. Does it bacome a criminial offence which needs to be reported to the police?

Ans :My reply is a counter question. Whether it is a criminal offence to fore signatures of dead man and withdraw money by cheque. If yes then as per my humble knowledge and perception ATM withdrawal is also a crime. I believe that on death of account holder the relations cease with bank and new relation will be established with successors/irs/nominees.

·         B. What if the ATM user is any among his relatives as mentioned above?

Ans My reply is a counter question. Whether it is legal for a relative (even if nominee) to withdraw the amount by forging signature on cheque book.

·         C. What if ATM misuser is his appointed nominee?  Was it fair & legal at his part to use ATM after the death without informing the bank?

Ans My reply is a counter question. Whether it is legal for a relative (even if nominee) to withdraw the amount by forging signature on cheque book, without nforming the bank. Bak has not yet transferred assets to nominee.

·         D. Does it simply amounts to cheating, fraud, theft, misusing or breach of trust?

Ans :chearting :Yes Read section 415

Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".

Explanation

A dishonest concealment of facts is deception within the meaning of this section.

Section 416

A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Explanation

The offence is committed whether the individual personated is a real or imaginary person.

Illustration

(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.

(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.

Theft :No . Yes if he stole credit card.

Breach of trust : Yes if the deceased had entrusted him the credit card.Red section 405

Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits "criminal breach of trust".

·         E. What are the specific & relevant IPC Sections attracted by this offence?  

Ans : Mention above.

In case tjhis was pensinaccount of deceased then it is embezzlement of Govt money as well.

·         F.Is this going to be a NBO/W (NON BAILABLE OFFENCE OR WARRANT)

Ans Mostly cognizable

·         G. How can the offender save him self from the criminal proceedings?

Ans By challenging authenticiry of the CCTV footage of ATM Booth

·         H. If his wife is not a nominee with the bank in this account / case, Does she have any right to approach bank or police to file a case or lodge FIR?

Ans : Yes, Even if there is no nomination she is a legal heir and the nominee holds money as trustee.

·         I. Can some one say me save my self by saying that this happened due to ignorance about to inform the Bank and not using ATM after death?

Ans : No

·         J. How can the offender save him self in this case beore lodging a report? By taking a plea that I was already nominee in this case?

Ans : None

·         K. Can by depositing back the amount in bank, he can be saved now?

Ans : Noofence stands compleed

·          L. What in case father is nominee and he used this ATM Card after death of his son?

Ans Already replied

·         M. Now can the bank accept his plea and by saying that it was acceptable being authorised nominee?

Ans : No. If it is Govt bank then further No.

·         N. Should bank or his wife must lodge FIR or report the matter to police? 

Ans Yes both.

·         O. Will it be mandatory for the police to lodge FIR in casse his wife approaches police with application? Or can it be denied by police if Bank does not want to pursu the case?

Ans Yes

·         P. Does the wife has any right in lodging FIR as she is not a authorised nominee?

Ans She is legal heir

·         Q. Wil or Is this a compoundable offence?  

Ans :Some sections are compoundable

·         R. Can this case in case get registerd with the ploice will also become a part of the ongoing case under ssec 49,8, 506? Will it effect that case in any manner?  

Ans : Prima-facie No

Sudhir Jee,

Thank you so much, Just one Q related to para 'O';

It has 2 different parts / questions:

1.  PART 2 OF 'PARA O' Can it be denied OR reused by police to lodge FIR if Bank does not want to pursu the case? 

Since wife is not nominee. There may be some difficulty.  It may be better if abnk be prevailed upon to file case. If it is Govt bank then it will be bit easy.

Section 420 reads as under :-

Whoever cheats and thereby dishonestly induces the person deceived any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bail­able—Triable by Magistrate of the first class—Compoundable by the person cheated with the permission of the court.

section 419 :-

Whoever cheats by personation shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person cheated with the permission of the court.

since the offence is cognizable the police can be prevailed upon to register.

• It is a Public Sector ( GOVT) BANK - SBP 
  

bank issue atm card to its customer itis the duty of the customer  not to authorise payment by atm card if he does  , he will be liable for any loss incurred due to withdrawal from the atm. but now in this case the account holder expired and the atm was used to withdraw mony  from the atm after his death it is an offence under section 404 of ipc which is non compundable offence. the bank has a right to file fir with the police for miusing theatm card by unauthorised person whater he may be either brother sister mother father . in this case deceased wife also has right to file fir with the police for wrongful,withdrawal from his deceased husband account . the offender can not take plea that he is the registered nominee in the account if he wants to take the money from the deceased account he/she has to file claim with the bank as per banking norms.in thsi case if fir registered, the filing of fir will not affect the case registered undr section 498a 506 i p c

Dear Mahesh,

Thanks V much.

1. Does the bank have right to refuse lodging FIR with the police on any grounds?  It has bee informed to the Bank that such offence has taken place and request been made to lodge FIR.
   
2. But this has been understood from the arguments & pleas of bank that they can OR will refuse accepting the request to lodge FIR. The plea may be that this will put unnecessary finacial burden, resources wastages on account of bank. They may ask nominee to submit any kind of undertaking or submission etc etc and will keep mum.
   
3. Will it be legal and appropriate and moral on the part of bank Keeping mum?
   
4. Will this not end up having unholy associattion on the part of bank and accused, amounting to encuraing & supporting doing illegal task against the bank and the legal heirs or actual owners of that amount? 

Thanks and best regards,