Author Archives: ganesh ns

I am a Criminal Defence Lawyer, completed my B.L. in Madras Law College, Chennai and having 5 years of experience in handling Criminal cases in the Courts of TamilNadu and Kerala. Specialises in Corporate Crimes, Prevention of Corruption Act cases (bribe, disproportionate of assets, Criminal misconduct by public servants, Criminal mis appropriation etc.,), Cheque Bounce cases, POCSO Act Crimes, Marital offences and other IPC offences. Conducting trials in CBI courts, PMLA Courts, Special Courts constituted under PC Act, CCB& CBCID Courts, other Sessions and Magistrate Courts at Chennai. Also appearing before Hon'ble High court of Madras and Madurai bench in the matters of Writ, Criminal Appeals, Criminal Revisions, Criminal Directions etc.. Also appeared before Hon'ble Supreme Court of India in the Criminal SLP matters.

5 THINGS YOU SHOULD DO, WHEN GETTING ARRESTED BY CBI/V&AC, IN A BRIBE CASE.

Whether it is a case of bribery, corruption or a normal IPC offence, there are certain things that you need to be bear in mind when you are subjected to arrest by the concerned authorities.

1. Right to question or know about the Charge, etc.,

In bribery cases usually, the officials of DV&AC(Department of Vigilance & Anti Corruption) or CBI (Central Bureau of Investigation) will arrest you based upon the TRAP proceedings laid by them before the arrest.
During the arrest, the authorities will get you red-handed with the bribe money. Then you come to know that you have been trapped.

It is a very embarrassing and most confusing situation for any public servant to face but you should not get panic, keep calm and politely ask the officials who came to arrest you about the
(i) Grounds of arrest
(ii) Charge under which you are arrested.
(iii) Name of the Complainant/ contents of the Complaint.
(iv) Name and rank of the officer arresting you.

Knowing about these things, you can able to understand the trap proceedings which is about to happen next and will be useful during Trial.

2. Try to remember the persons or witnesses who is present in the scene.

In a Trap proceedings, legally, witnesses must be the persons who is present in the scene. But in many cases the officials bring putup witnesses along with them in order to sign several Mahazars and papers, and also make them to testify against you in the court of law. so remembering the persons who is present there will help you in trial proceedings.

3. Report health ailments and seek medical attention.

If you have any medical ailments or you feel sick during the proceedings report it to the officials and seek medical help.

4. Report the names of the actual Culprit.

If you received the bribe amount on behalf of your higher officers or for any other persons. Immediately report the same to the officials. It will save you from the case.

5. Right to seek legal assistance.

As per constitution on India any person after the arrest can seek assistance of a lawyer and it is your fundamental right. So, enforce your right.  Don’t forget to contact your lawyer.

See you in my Next post.