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help regarding Bank fraud by my brother


27-Mar-2026 (In Criminal Law)
my brother has been arrested for defalcating 5,37,960 from a customer's account. As he is office assistant in gramin bank. which on interrogation has confessed, that he done the defalcation. Indian Penal Code 467,468,471,420,34 has been charged against him. is there a way that i can save him. i need help.
Answers (3)

Answer #1
970 votes
First, you should immediately apply for bail. Since the amount involved is substantial and the accused is a bank employee, regular bail may require strong grounds such as no risk of absconding, cooperation in investigation, and no prior criminal record. Second, the alleged confession made before police has limited evidentiary value unless it is made before a Magistrate under proper procedure. This can be challenged during trial. Third, carefully examine whether all sections applied are actually made out based on evidence. Sometimes, charges like forgery (467/468 IPC) require strict proof of document falsification. If possible, repayment/settlement of the defalcated amount may help in mitigation and can be considered by the court at the stage of bail or sentencing, though it does not automatically result in acquittal. Lastly, engage a competent criminal lawyer to scrutinize the charge sheet, cross-examine witnesses, and build defence on lack of intent, procedural lapses, or coercion in confession.
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Advocate Priya Kumari

Adv. Priya Kumari

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Answer #2
965 votes
first of all it is vary important to know FIR and process was followed or not have you given 35 BNS Notice or not first of all it is vary important to know FIR and process was followed or not have you given 35 BNS Notice or not first of all it is vary important to know FIR and process was followed or not have you given 35 BNS Notice or not
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Advocate Jamil Ahmad

Adv. Jamil Ahmad

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Answer #3
811 votes
I understand the situation is serious, but “save him” in the sense of escaping legal consequences is not possible. However, there are proper legal remedies to protect his rights and reduce the impact. 1. Sections involved (serious offences) Your brother is charged under: Section 467 IPC – very serious (up to life imprisonment) Section 468 IPC Section 471 IPC Section 420 IPC Section 34 IPC These are non-bailable and serious, especially because it involves a bank and breach of trust. 2. Confession issue (very important) You said he confessed during police interrogation.
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Advocate Rakesh Shukla

Adv. Rakesh Shukla

LawRatoRanchi | 25+ Answers
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