• My father is in Judicial custody, I have transferred funds from his bank account to mine

My father was arrested. All his bank cheques were also seized but his bank accounts were not frozen. I needed money to pay for his legal fees so I have transferred funds from his bank account to mine (son) through online banking. The Investigating Officer have moved an application to court notifying that funds from my father's account were transferred / withdrawn without the consent/permission of the court. Although the court had not given any stay order on using my father's account. Was taking permission from the court really necessary?
The investigating officer is targeting me now. Am I in trouble or Can the police arrest me on any grounds for using my father's money while my father is in judicial custody?
Asked 4 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

There is no stay order psssed by court nor were accounts frozen

In case any notice is issued to you mention funds were transferred to pay father legal fees

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Permission was not required to be obtained from the court for transfer of funds from his account to yours. No case is made out against you as the accounts were not frozen.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. The version of the IO has git no value at all and unless and until there is any restrictions imposed by court on bank transactions or it was frozen by the IO himself, the translocation made in connection thereto remain affected.

2. For mere making the bank transaction you should not come under the scanner of the police unless you are found to have some complicity with the crime so committed.

3. However since the Police is keeping a strict vigil on the bank transactions it is advisable that before the grant of bail of your father you better avoid touching the money lying in that account.

Moreso if the offence alleged against your father is an economic offence.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If the transection is supported by your father then as the accounts are not frozen or court have not put any restriction on operations then there will not be a problem other wise may be charged under section 420, 406

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Sir,

Please state the nature of case.whether it is related to any financial transaction eg loan,credit availed etc or anything else.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

See if there was no stay and if the funds were transferred with the consent of father to pay legal fee it is no crime as the consent from father was obtained and the court has not blocked the accounts so in my view it is no crime and no case is made out.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If there was no stay order to withdraw money from your father's account, you cannot be charged for any offence even if the investigation officer is saying so.

Permission of the court is not required to withdraw money from your father's account unless is a specific order from the court in that regard.

No prima facie case has been made against you as withdrawal of money was not done illegally.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

The Unlawful Activities Prevention Act, 1967 is an anti-terrorist law still applicable in India.

2) UAPA, bans certain terrorist associations; punishes membership and association with such organizations; punishes terrorist activities. The Statement of Objects and Reasons to the Act states that the Act has been legislated to impose reasonable restrictions in the interests of the sovereignty and integrity of India on the exercise of freedom of speech and expression, to assemble peaceably without arms and to form associations.

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

hello

the police and the IO has seized the chequebooks and other things. there must have been some order to this effect. if there was no order, they cannot target you or compel you to not to transfer funds. your lawyer should know the facts and the orders. the order of the court has to be seen in order to fully appreciate the controversy.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

This is my response to you:

1. Technically speaking you had withdrawn the money without the court's permission;

2. But you can make defence that there was no court order for freezing of the accounts;

3. Also you can plead that this is for legal fees and submit lawyer receipt for the same;

4. Do not let the IO fool the court, contest the matter well.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Operating your father's account itself is illegal.

Even though there is no restriction from court to operate his account, this will be applicable only to your father, no third person can operate his account including internet banking.

This act can be considered as an illegal act.

However the police cannot raise any objection to this especially in the absence of any order by a court of law restricting the same.

The police can add additional charge against your father for illegally draining out the money from his account through his son especially when there is a criminal case pending on the same issue.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

The case is related to UAP Act. charge-sheet not submitted yet.

Whatever it may be, your act of operating his account is an illegal act as per law.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Hello,

Ask your lawyer to move a petition to the court for withdrawal of money for the legal and other essential expenses .

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Hi,

You may obtain the receipt from your advocate for showing the necessary expenses and submit the court to withdrawal of money.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Yes, it is believed that only an individual to whom the account belongs can handle the same and since your father is in jail he could not have accessed the internet to make a transfer of funds

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Please refrain from doing any such activity in future

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear client

You visit your father in JC and get a back dated attorney signed from him authorizing you to operate his account through net banking.. you will be saved from all hassels.

Adv vikas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer