What legal action can be taken against fraud?

If an accused person has passed away in a falsely accused case, but their family is completely innocent, lives in a different state, is very poor, has no knowledge of legal procedures, and doesn't understand the language of the other state. They only have the death certificate and are unaware of whether the case is an FIR or a complaint case. In such a situation, what should the family do? What is the process to get the case abated? Can the local police or court in the other state harass the innocent family? Additionally, a lawyer took ₹5000 from the family, did nothing, and later blocked their phone number. What legal actions can be taken against the lawyer for fraud and misconduct?

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 28 Mar 2025

The family should visit the police or court with the death certificate and seek free legal aid from the Legal Services Authority. The case will be closed as proceedings cannot continue against a deceased person. Police or court cannot harass the family, and any misconduct can be reported to the Human Rights Commission or High Court. For the lawyer’s fraud, they can complain to the State Bar Council and file a police case under Section 420 IPC.

Admin
Advocate By LEAD INDIA Answered: 28 Mar 2025

If the accused has passed away, the family can file a petition in court with the death certificate to abate the case and for harassment by the police, they can file a complaint with the local police or Human Rights Commission. Regarding the lawyer, a complaint can be made to the State Bar Council for fraud, and a criminal case can be filed for the refund. For further legal assistance contact us on our helpline number.
 

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