Fraud in Pakistan, as well as in India, is covered (specifically) under section 420 in the Pakistan Penal Code. It is also commonly known in society by this number also, for this very reason. There are many kinds of fraud that take place, and each type has its own circumstances and legal remedies.
Fraud is the act of deception with the intention to defraud others. This is a very broad topic and is considered a criminal matter. In this article, we will be looking at Fraud in Pakistan, the laws around it, and what victims of fraud should do.
Prosecution, in order to attract section 420 of Pakistan Penal Code, must prove that the accused has cheated the complainant and that he, by such cheating, has induced the complainant to deliver any property to any person1998 PCrLJ 347
What is Fraud in Pakistan?
An Act of Fraud in Pakistan can take place anywhere, at any time. Whether it’s during your personal life, at work, in business, online, or even during a trial (in court)! There are no limits on where and how it can happen. The action of defrauding someone (to act “fraudulently”) is narrated in section 25 of the Pakistan Penal Code as ” if they do a thing with intent to defraud, but not otherwise”.
So, if someone dupes you into an activity that requires you to part with your property (under false pretenses) then it would be considered a fraud. The property in question can be cash, your personal details, property (A Car, a house, a phone, etc.), or your consent.
Dishonest intention – State of mind to be ascertained from the conduct of the accused and the surrounding circumstances1969 SCMR 564
How can you report Fraud in Pakistan?
Cases of fraud in Pakistan can be directly reported to the Police (By an FIR). If the fraud happened online, or if it is a matter of a substantial financial amount, then it can be reported to the FIA as well, which our lawyers in Pakistan can assist you with.
Your FIR will be the initiation of a criminal investigation, which will be used and available at every stage of the investigation. It is important to attach as much evidence as possible. If need be, take screenshots of private conversations, or printouts (with links) of websites that were used to commit the fraud. This is where our criminal lawyers in Pakistan can assist you, whether you are in Pakistan or out of Pakistan.
No party could take advantage of its own fraud1997 CLC 1500
Fraud in Pakistan by impersonation
In most cases, an individual may claim that they are someone they are not. In such cases, they are already showing acts of dishonesty and cheating. When assuming an identity that is truly not their own, they can take advantage of your trust, and cause you to trust them more than you should.
Impersonation does not need to be limited to just an individual. Many websites can also be made to look similar (or the same) to other websites that the fraudsters are trying to impersonate (which could be considered a cybercrime). These would be deemed as counterfeit sites, which are often used for phishing scams.
Fraud vitiates all solemn proceedings.NLR 2007 SCJ 655
Corporate Fraud in Pakistan
Sometimes forged documents are made to facilitate the act of fraud. This offense is a separate crime of Forgery, which would be added to the list of crimes on the charge sheet (which is detailed in section 471 of the Pakistan Penal Code).
When employees commit fraud by embezzlement, this would be considered a criminal breach of trust. The act of embezzling funds from a company, when a group of employees is involved, can also attract criminal conspiracy.
No dishonest intention. Inducement to do something without dishonest or fraudulent intention is no offence1975 PCrLJ 1432
Getting bail on Fraud Charges
Bail can be granted in matters of Fraud in Pakistan, providing that sufficient cause can be provided to the court that the case is fictitious and is being used to harass you. If you can prove that the case is a matter of malicious prosecution, then the chances of getting bail are increased.
Matters of bail, in cases of fraud, can be on 2 accounts; pre-arrest bail and post-arrest bail. If you suspect that you have been wrongfully involved in a criminal investigation of fraud, you should try to obtain a copy of the FIR that you have been nominated in, and apply immediately for your pre-arrest bail until you are acquitted of your involvement.
Fraudulent transaction vitiates even most solemn proceedings…Such transaction has no foundation to stand upon…Whenever such transaction is declared null and void, then whole series of such order along with superstructure built upon same is bound to collapse.2003 SCMR 549
What you should do if you fall victim to this crime
If this has happened to you, you should seek immediate legal assistance, and inform all relevant organizations (such as banks if it involves your bank details, credit cards, or cheques) and agencies (the Police, and the FIA Cybercrime wing if this has happened online as a cybercrime). You should submit an FIR without delay, and pursue the matter rigorously.
Whether you’re a victim or someone who is wrongfully being prosecuted for this crime, we can help. If you require assistance from one of our expert criminal lawyers in Pakistan, Whatsapp us at 0308 551 0031 (or 0092 308 551 0031 if you are contacting us from outside of Pakistan). Alternatively, fill out this form below and one of our representatives will get back to you.