Author – Vanshika Verma, a student University School of Law and Legal Studies, GGSIPU
Abstract
The rapid shift towards digital platforms has revolutionized access to legal services in India. However, alongside these technological advancements, there has been an alarming rise in online legal assistance frauds, where unqualified individuals, fake legal advisors, and fraudulent online portals exploit the legal ignorance and desperation of common citizens. By impersonating advocates, fabricating legal documents, or offering false promises of guaranteed legal outcomes, these fraudsters deceive individuals and extort significant amounts of money. Such acts constitute grave offences under newly enforced Bharatiya Nyaya Sanhita, 2023, which includes Section 319 BNS (impersonation and cheating by personation), Section 318 BNS (cheating and dishonestly inducing delivery of property), Section 336 BNS (forgery for the purpose of cheating), Section 356 BNS (using forged documents as genuine). Additionally, such offences also attract penalties under Information Technology Act, 2000, particularly in cases involving cyber fraud and online impersonation. These fraudulent practices erode public trust in the legal profession and the justice delivery system. This article explores the operational tactics used by fake advisors, the applicable legal provisions under BNS, and practical preventive measures. By enhancing legal literacy and promoting vigilant use of digital legal services, we can safeguard the integrity of the legal system and ensure justice remains credible, accessible, and freedom from deception in the digital era.
Keywords: Legal Scam, Fake Advisors, Bar Council, Bharatiya Nyaya Sanhita, Cyber Law, Legal Literacy, Fraudulent Practice, Online Legal Services.
To the Point
Technological advancements have played a crucial role in human evolution by enhancing our abilities, transforming our lifestyle and deriving societal changes. There is a rise of technological advancement across the globe which helps in various developments and increase the efficiency and ease in continuing the productivity effectively. The unprecedented growth of online legal services has made access to justice more convenient. However, this advancement has simultaneously fueled the rise of online legal assistance frauds, where unqualified individuals, fake legal advisor’s, and deceptive platforms misrepresent themselves as legitimate legal practitioners. The rise of online legal assistance fraud is a growing concern, with fake advisors using deceptive tactics to exploit individuals seeking legal help.These fraudsters exploit by offering unlawful consultations, forging legal documents, and falsely guaranteeing favourable judicial outcomes in exchange for monetary gain. To avoid falling victim, it is crucial to recognize common scam signs, such as demands for upfront fees, pressure to act immediately, and requests for sensitive information. These scams have undermined public faith in the justice system and jeopardized the dignity of the legal profession. Therefore, performing due diligence by verifying credentials, checking with the State Bar, and trusting your instincts are vital steps in identifying and avoiding these scams.
Use of legal jargon
The misuse of critical aspects of legal practice constitutes various statutory offences under Indian Law. The following terminologies and provisions are central to understanding the fraudulent acts committed by fake legal advisors:
- Impersonation: When an individual falsely represents themselves as a qualified legal professional, thereby misleading others and inducing them to act or pay based on this false identity.
- Cheating by personation: According to Section 319, Bharatiya Nyaya Sanhita, 2023, defines and punishes the offence of cheating, a fundamental offense involving deception that induces another person to act in a way that causes them wrongful loss or causes wrongful gain to the offender. The elements to constitute cheating is, there must be deception by a person and the deception should intentional. The punishment for cheating is imprisonment up to 3 years, or fine, or, both.
- Dishonest Inducement: According to Section 318, Bharatiya Nyaya Sanhita, 2023, deals with an aggravated form of cheating where a person not only deceives but also dishonestly induces another person to delivery property, or to act or omit to act in a way that causes damage or harm. For an act fall under this section, there must be deception of any person, and deception should dishonestly induce the person to deliver any property or valuable security, and the accused must have acted with dihonest or fraudulent information intention from the outset. The punishment for dishonestly inducing of property is imprisonment for a term which may extend to 7 years, and liability to fine.
- Forgery for the purpose of cheating: According to Section 336, Bharatiya Nyaya Sanhita, 2023, criminalizes the act of forgery specifically when it does with the intention to cheat or cause wrongful loss. The following elements must be present is, the person must have committed forgery, the forgery must done with the intent to cheat, and there must be fraudulent or dishonest intention from the beginning.
- Using forged documents as genuine: Section 356 of the Bharatiya Nyaya Sanhita, 2023, criminalizes the act of using forged documents, records, or electronic records as if they were genuine, knowing them to be forged. The punishment depends on the nature of forged document, if document relates to property, legal rights, contracts, or legal proceedings, then imprisonment upto 7 years, and fine.
- Cyber Impersonation: It means any act of fraudulently assuming another person’s identity in the digital space, often through emails, websites, or other electronic platforms, with intent to deceive, cheat, or cause harm. Section 66D of the Information Technology Act, 2000, deals with crimilalizes cheating by personation using computer sources, electronic communication, or any other digital means. The punishment for cyber impersonation is imprisonment up to 3 years, and fine up to ₹1 lakh.
- Professionals misconduct: It refers to any act that breaches the ethical duties, honesty, integrity, or professional responsibility expected from an advocate under the law. Under these, every advocate enrolled with a State Bar Council must adhere to the professional code of conduct, failing which they may be held guilty of professional misconduct.
- Client – Attorney Privilege: It is a fundamental legal principle that ensures confidentiality between a lawyer and their client. It protects all communications made in confidence by a client to their legal representative for the purpose of seeking legal advice representation. This privilege encourages clients to communicate openly with their lawyers without fear that the information will be disclosed to others, including courts, authorities, or third parties, unless specific exceptional apply.
The Proof
Several reliable sources, legal records, and case studies substantiate the existence and impact of these scams. According to the National Crime Records Bureau (NCRB) Report, 2023, India witnessed a significant surge in cybercrime cases, with impersonation and fraud forming a major portion. NCRB data highlights that a substantial number of cyber frauds involve individuals impersonating government officials, advocates, or legal consultants to extort money from unsuspecting citizens. Moreover, the Ministry of Home Affairs, through the Indian Cyber Crime Coordination Centre, has issued multiple public advisories warning citizens against online impersonation scams, especially in legal services. The Delhi Police Cyber Cell, in recent cases, arrested individuals running fake law firms and websites, offering guaranteed bail or favourable court outcomes while possessing no legal qualification. In Mumbai, nearly 2023, cybercriminals created the fake websites using similar names of reputated law firms, duping clients by posing as senior advocates. Further, Bar Council of India has officially cautioned the public against individuals and online platforms of falsely claiming to be licensed advocates.
Case laws
The Indian judiciary and regulatory authorities have recognized the dangers of impersonation, professional misconduct, and fraudulent legal services. Below are the key case laws that demonstrate the court’s approach to such offences:
- Bar Council of India v. High Tech Legal Consultancy & Ors. (2022)
Facts: An online platform falsely advertised itself as a law firm, guaranteed bail, and promised favourable court outcomes. The platform used fake names, manipulated Bar Council enrollment details, and misled the public.
Judgment: The Delhi High Court held that only advocate enrolled with the Bar Council can render legal advice and appear before courts however misrepresenting oneself as a legal practitioner constitute professional misconduct and criminal impersonation. The Bar Council of India and cybercrime units shall take strict action against such fake platforms.
Importance: This case reinforces that online platforms offering legal services without proper authorization are operating illegally and causing public harm.
- State of Punjab v. Subhash Chander (AIR 1977 SC 1890)
Facts: The accused prepared forged documents intending to deceive authorities and obtain benefits.
Judgment: The Supreme Court ruled that forgery coupled with dishonest intent to cheat which falls under cheating and forgery provisions. Even if the forged documents were not directly used to gain benefits, the intent is sufficient to invoke legal provisions.
Importance: In legal frauds, forged documents like fake Bar Council certificates or legal notices fall under this principle, punishable under Section 336 and Section 356 of BNS, 2023.
- Lalit Yadav v. State (NCT of Delhi) (2021 SCC OnLine Del 4032)
Facts: The accused impersonated a government officials via WhatsApp and email, extracting money from individuals by assuring favourable administrative decisions.
Judgment: The Delhi High Court observed cyber impersonation is a serious offense under Section 66D of the IT Act, 2000 and such acts erode public trust in institutions and attract both cyber and penal laws provisions.
Importance: Impersonating advocates lawyer or legal authority online, as seen in fake legal assistance scams, attracts similar legal consequences.
Conclusion
The rise of online legal assistance frauds poses a significant threat to the integrity of the legal system and the rights of individuals seeking justice. While the digital revolution has undoubtedly enhanced accessibility and convenience in availing legal services, it has also made it easier for fraudulent individuals to impersonate qualified legal professionals and exploit vulnerable clients. These imposters often operate through fake websites, false bar credentials, and deceptive advertisements, misleading people who may be unfamiliar with legal procedures or in urgent need of assistance. To effectively address this issue, a combination of awareness, regulation, and institutional safeguards is essential. The including are the suggestive measures such as, all legal professionals should be registered on a centralized government platforms, digital platforms and websites shall be jointly monitored by cybercrime units and bar councils, legal aid cells and academic institutions should conduct legal literacy workshops and online grievance portal should be established to allow victims to report fraudulent legal advisors to combat legal assistance frauds.
In conclusion, the growing menace of fake legal advisors in the digital space demands immediate and coordinated action. Individuals must remain vigilant and informed, while institutions must adopt punitive frameworks. Access to justice must be both safe and secure to safeguard legal integrity.
FAQs
Ques 1. Who is considered a fake legal advisor ?
Ans. A fake legal advisor is any person who falsely claims to be an advocate, legal consultant, or legal expert without being enrolled with the Bar Council of India or a State Bar Council. Such individuals often use fake credentials, unverified online platforms, or impersonate genuine lawyers to provide illegal legal services and extract money from the public.
Ques 2. How can I verify if a legal advisor is genuine ?
Ans. You can verify the authenticity of a legal advisor by checking their enrollment status on the Bar Council of India’s official website or the respective State Bar Council portal, asking for their valid Bar Registration Number and cross-verifying it and avoiding individuals or platforms that offer legal services without providing proper identification, documentation, or registration proof.
Ques 3. What are common red flags in online legal assistance fraud ?
Ans. The common red flags in online legal assistance fraud are as follows:
- Fake websites with poor contact information.
- Promises of guaranteed bail, favourable judgments, or quick solutions.
- Urgent demands for payments without documentation.
- Lack of verified reviews or absence from Bar Council records.
Ques 4. Where can I report an online legal assistance scam ?
Ans. The following are the ways to report legal assistance scam:
- www.cybercrime.gov.in – Official National Cyber Crime Reporting Portal.
- Local Police Station under relevant sections of BNS, 2023 and IT Act, 2000.
- Bar Council of India or State Bar Council in case of impersonation of legal professionals.
Ques 5. Are all online legal services unsafe?
Ans. No, many are genuine which provide reliable legal assistance on regulated platforms. However, it is crucial to check the platform’s legal compliance and registration details, verify the listed advocate’s credentials and avoid platforms making exaggerated claims or providing “guaranteed” legal results.
