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Money Reviews
01 Oct 2016

Banking Fraud – Prevention and Control


Banking Fraud is posing hazard to Indian Economy. Its vibrant impact are understood become undeniable fact that around 2004 wide range of Cyber Crime had been 347 in Asia which rose to 481 in 2005 showing a growth of 38.5% while I.P.C. group crime stood at 302 in 2005 including 186 situations of cyber fraudulence and 68 situations cyber forgery. Hence it becomes extremely important that incident of these frauds should-be minimized. More upsetting is the fact that such frauds are entering in Banking Sector as well.

In today’s time, worldwide Scenario bank operating system has actually acquired brand-new proportions. Banking performed spread in Asia. These days, the bank system has actually entered into competitive markets in places covering resource mobilization, peoples resource development, client services and credit management as well.

Indian’s bank system has actually a number of outstanding accomplishments to its credit, probably the most striking that is its get to. In fact, Indian banks are now spread out into the remotest areas of our country. Indian banking, that has been running in a highly comfortable and safeguarded environment till the start of 1990s, is forced to the choppy waters of intense competitors.

An audio bank system should have three fundamental characteristics to protect depositor’s interest and public faith. Theses are (i) a fraud no-cost culture, (ii) a time tested most readily useful training Code, and (iii) an in home immediate grievance remedial system. All those circumstances are their particular missing or excessively poor in Asia. Part 5(b) of this Banking Regulation Act, 1949 defines banking… “Banking is the accepting for the purpose of lending or investment, deposits of money from the purpose of lending or investment, deposits of money from the public, repayable on demand or perhaps and withdraw able by cheque, draft, order or perhaps.” However if his cash has actually fraudulently been drawn from the bank the latter is under strict responsibility to cover the depositor. The lender for that reason has got to ensure always that the cash of this depositors isn’t drawn fraudulently. Time has come if the safety components of the financial institutions need to be handled on concern foundation.

The bank system in our nation is looking after all segments of our socio-economic establish. This article includes a discussion on the rise of banking frauds and differing practices you can use in order to prevent such frauds. a lender fraudulence is a deliberate work of omission or payment by anybody carried out during banking deals or perhaps in the books of records, causing wrongful gain to your individual for a short-term duration or perhaps, with or without any monetary loss into the bank. The relevant terms of Indian Penal Code, Criminal Procedure Code, Indian Contract Act, and Negotiable Instruments Act concerning banking frauds is mentioned in our Article.


Banking system consumes an important invest a nation’s economy. A banking establishment is essential in today’s society. It plays a pivotal role in economic improvement a country and forms the core of this cash market in a sophisticated nation.

Banking industry in Asia has actually traversed a long way to believe its current stature. This has encountered a significant structural change after the nationalization of 14 significant commercial financial institutions in 1969 and 6 more about 15 April 1980. The Indian bank system is exclusive and maybe does not have any parallels inside banking history of any nation on earth.


The Reserve Bank of Asia has actually a crucial role to play inside maintenance of this exchange worth of the rupee because of this close interdependence of worldwide trade and nationwide economic development and well-being. This aspect is of this wider responsibly of this central bank for maintenance of economic and financial security. Because of this the bank is entrusted aided by the custody and also the management of country’s worldwide reserves; it acts additionally while the agent of this government according of Asia’s membership of this worldwide monetary fund. With economic development the bank additionally carries out many different developmental and promotional functions that yesteryear had been registered being outside the regular purview of central banking. It acts an important regulator.


Financial institutions will be the engines that drive the functions inside financial industry, that will be vital for economy. Aided by the nationalization of financial institutions in 1969, they also have emerged as engines for social modification. After Independence, the financial institutions have actually passed through three phases. They’ve relocated from the personality based lending to ideology based lending to today competitiveness based lending inside framework of Asia’s economic liberalization policies and also the procedure of linking aided by the global economy.

Even though the functions of this bank have grown to be progressively considerable banking frauds in financial institutions will also be increasing and fraudsters are becoming progressively advanced and innovative. In a bid to keep rate aided by the altering times, the banking industry has actually diversified it company manifold. While the old philosophy of class banking is changed by mass banking. The task in management of social obligation with economic viability has increased.


Fraud is described as “any behavior by which anyone intends to get a dishonest advantage over another”. This means , fraudulence is an act or omission that will be designed to trigger wrongful gain to 1 individual and wrongful loss to the other, either through concealment of realities or perhaps.

Fraud is defined u/s 421 of this Indian Penal Code and u/s 17 of this Indian Contract Act. Hence crucial components of frauds are:

1. There needs to be a representation and assertion;

2. It should relate genuinely to a well known fact;

3. It must be aided by the understanding that it’s untrue or without belief with its truth; and

4. It should cause another to behave upon the assertion in question or to do or otherwise not to-do certain work.


Losings suffered by financial institutions because of frauds surpass the losings considering burglary, dacoity, burglary and theft-all put together. Unauthorized credit services are extended for unlawful gratification such situation credit allowed against pledge of goods, hypothecation of goods against expenses or against book debts. Common modus operandi are, pledging of spurious goods, inletting the value of goods, hypothecating goods to more than one bank, fraudulent removal of goods aided by the understanding and connivance of in negligence of bank staff, pledging of goods belonging to a 3rd party. Merchandise hypothecated to a bank are found to contain obsolete stocks packed among goods stocks and situation of shortage in fat isn’t unusual.

an evaluation made of situations brings forth generally the under mentioned four significant elements responsible for the payment of frauds in financial institutions.

1. Active participation of this staff-both supervisor and clerical either independent of additional elements or perhaps in connivance with outsiders.

2. Failure for the bank staff to check out meticulously set down instructions and tips.

3. External elements perpetuating frauds on financial institutions by forgeries or manipulations of cheques, drafts alongside tools.

4. There’s been a growing collusion between company, top financial institutions professionals, municipal servants and political leaders in capacity to defraud the financial institutions, through getting the guidelines bent, laws flouted and banking norms thrown into the winds.


A close study of any fraudulence in bank shows many typical fundamental functions. There may have been negligence or dishonesty at some stage, on section of more than one of this bank staff members. One of them could have colluded aided by the debtor. The lender authoritative may have been putting up with the debtor’s sharp methods for a personal gain. The proper attention that has been expected of this staff, as custodians of financial institutions interest might not have been taken. The lender’s rules and processes set down inside handbook instructions and also the circulars might not have been seen or may have been intentionally dismissed.

Bank frauds will be the failure of this banker. It does not mean that the additional frauds usually do not defraud financial institutions. But if the banker is upright and knows his job, the job of defrauder becomes extremely difficult, or even possible.

Detection of Frauds

Despite all attention and vigilance there may nevertheless be some frauds, though their particular number, periodicity and power are considerably paid off. These procedure will be very useful if considered:

1. All appropriate data-papers, documents an such like. Ought to be promptly gathered. Original vouchers or any other papers forming the cornerstone of this research should-be held under lock and secret.

2. All individuals inside bank whom are understanding something in regards to the time, spot a modus operandi of this fraudulence should-be examined and their particular statements should-be recorded.

3. The likely order of events should after that be reconstructed because of the officer, in the own brain.

4. You need to maintain the central company informed in regards to the fraudulence and additional improvements in regard thereto.

Category of Frauds and Action Required by Financial institutions

The Reserve Bank of Asia had set-up a top degree committee in 1992 that has been headed by Mr. A… Ghosh, the after that Dy. Governor Reserve Bank of Asia to inquire into various aspects concerning frauds malpractice in financial institutions. The committee had noticed/observed three major reasons for perpetration of fraudulence as provided hereunder:

1. Laxity in observance of this set down system and processes by operational and supervising staff.

2. Over confidence reposed inside consumers whom indulged in breach of trust.

3. Unscrupulous consumers if you take features of the laxity in observance of founded, time-tested safeguards additionally committed frauds.

To be able to have uniformity in reporting situations of frauds, RBI considered the question of category of bank frauds in line with the terms of this IPC.
Given just below will be the conditions and their particular Remedial actions which can be taken.

1. Infidelity (Part 415, IPC)

Remedial Actions.

The preventive actions according of this cheating are concentrated on cross-checking regarding identification, genuineness, verification of particulars, etc. according of various tools along with individuals taking part in encashment or working with the house of this bank.

2. Criminal misappropriation of residential property (Section 403 IPC).

Remedial Measure

Criminal misappropriation of residential property, presuppose the custody or control of funds or residential property, therefore subjected, with this of the individual committing such frauds. Preventive actions, with this class of fraudulence should-be taken at the degree the custody or control of the funds or residential property of this bank usually vests. Such a measure should-be enough, its extended to those individuals who are in fact dealing with or having actual custody or control of the fund or movable properties of this bank.

3. Unlawful breach of trust (Section 405, IPC)

Remedial Measure

Care should-be obtained from the 1st step whenever a person concerns the bank. Care has to be taken during recruitment in bank as well.

4. Forgery (Part 463, IPC)

Remedial Measure

Both prevention and recognition of frauds through forgery are very important for a lender. Forgery of signatures is one of regular fraudulence in banking company. The lender should simply take special attention if the tool is provided either bearer or order; in the event a bank pays forged tool he’d be liable for losing into the real costumer.

5. Falsification of records (Section 477A)

Remedial Measure

Proper diligence is required while filling of forms and records. The records should-be rechecked on day-to-day foundation.

6. Theft (Part 378, IPC)

Remedial Actions

Encashment of stolen’ cheque are prevented if bank demonstrably specify the age, intercourse as well as 2 noticeable determine activity marks regarding the body of the individual traveler’s cheques regarding the straight back of this cheque leaf. This can help the paying bank to quickly identify the cheque owner. Theft from lockers and safe deposit vaults aren’t easy to commit since the master-key remains aided by the banker and also the individual secret of this locker is paid into the costumer with because of acknowledgement.

7. Unlawful conspiracy (Section 120 A, IPC)

When it comes to State of Andhra Pradesh v. IBS Prasad Rao also, the accused, who were clerks in a cooperative Central Bank had been all convicted of this offences of cheating under Section 420 read along with Section 120 A. all the four accused had conspired collectively to defraud the bank by making untrue demand drafts and receipt vouchers.

8. Offences concerning currency notes and financial institutions notes (Section 489 A-489E, IPC)
These parts provide for the protection of currency-notes and bank notes from forgery. The offences under area are:

(a) Counterfeiting currency notes or financial institutions.

(b) Selling, buying or using as real, forged or fake currency notes or bank notes. Knowing the same to be forged or counterfeit.

(c) control of forged or fake currency notes or bank-notes, understanding or counterfeit and intending to make use of the identical to real.

(d) Making or moving tools or products for forging or counterfeiting currency notes or financial institutions.

(e) Making or using documents resembling currency-notes or bank notes.

Most of the preceding terms are Cognizable Offences under Section 2(c) of this Code of Criminal Procedure, 1973.


The following are the possibility fraudulence prone places in Banking Sector. Besides those places We have additionally provided kinds of fraudulence which can be typical during these places.

Savings Bank Records

The following are a number of the instances being played according of cost savings bank records:

(a) Cheques bearing the forged signatures of depositors are provided and compensated.

(b) Specimen signatures of this depositors are altered, specially after the death of depositors,

(c) Dormant records are operated by dishonest individuals with or without collusion of bank staff members, and

(d) Unauthorized distributions from consumer’s records by staff member of this bank keeping the cost savings ledger and soon after destruction of this present vouchers by all of them.

Current Account Fraud

These types are usually committed in case of existing records.

(a) Opening of frauds inside brands of restricted businesses or organizations by unauthorized individuals;

(b) Presentation and repayment of cheques bearing forged signatures;

(c) Breach of trust because of the staff members of this businesses or organizations possessing cheque departs duly finalized because of the authorized signatures;

(d) Fraudulent alteration of this number of the cheques and having it compensated both at the countertop or though another bank.

Frauds In Case There Is Improvements

After types are committed according of advances:

(a) Spurious silver ornaments are pledged.

(b) Sub-standard goods are pledged aided by the bank or their particular price are shown at inflated figures.
(c) Same goods are hypothecated in preference of various financial institutions.


Frauds constitute white-collar crime, committed by unscrupulous individuals deftly benefit of loopholes current in systems/procedures. The ideal situation is the one there’s absolutely no fraudulence, but using floor realities of this country’s environment and human nature’s fragility, an institution should always prefer to maintain the overreach of frauds at the minimum incident degree.

After will be the appropriate parts concerning Bank Frauds

Indian Penal Code (45 of 1860)

(a) Section 23 “Wrongful gain”.-

“Wrongful gain” is gain by unlawful method of residential property to which the person gaining isn’t legally entitled.

(b) “Wrongful loss”

“Wrongful loss” is the loss by unlawful method of residential property to which the person losing its legally entitled.
(c) Gaining wrongfully.

Losing wrongfully-A individual is thought to get wrongfully whenever such individual maintains wrongfully, along with whenever such individual acquires wrongfully. an individual is thought to lose wrongfully whenever such individual is wrongfully held out of any residential property, along with whenever such individual is wrongfully deprived of residential property.

(d) Section 24. “Dishonestly”

Whoever does anything aided by the objective of causing wrongful gain to one individual or wrongful loss to a different individual, is thought to do that thing “dishonestly”.

(e) Section 28. “Counterfeit”

an individual is thought to “counterfeit” whom causes one thing to resemble one more thing, intending by means of that resemblance to practice deception, or understanding it to be likely that deception will therefore be practiced.


1. Part 408- Criminal breach of trust by clerk or servant.

2. Part 409- Criminal breach of trust by public servant, or by banker, vendor or agent.

3. Part 416- Cheating by personating

4. Part 419- discipline for cheating by personation.


1) Part 463-Forgery

2) Section 464 -Making a false document

3) Section 465- discipline for forgery.

4) Section 467- Forgery of valuable safety, will, etc

5) Section 468- Forgery for function of cheating

6) Section 469- Forgery for purpose of damaging reputation

7) Section 470- Forged document.

8) Section 471- Using as real a forged document

9) Section 477- Fraudulent cancellation, destruction, etc., of will, expert to consider, or valuable safety.

10) Section 477A- Falsification of records.


Dilemma of demand expenses and notes Section 31.

Provides that just Bank and except provided by Central national will be authorized to attract, accept, make or issue any costs of exchange, hundi, promissory note or involvement for repayment of money payable to bearer on demand, or borrow, owe and take up any amount or amounts of money regarding the expenses, hundis or notes payable to bearer on demand of any such individual


Holder’s to duplicate of missing costs Section 45A.

1. The finder of lost costs or note acquires no subject to it. The subject remains aided by the real owner. He is entitled to get over the genuine owner.

2. If finder obtains repayment on a lost costs or note in because of training course, the payee could possibly get a valid discharge for this. Nevertheless the real owner can recover the cash because of regarding the tool as damages from the finder.

Part 58

When an Instrument is acquired by unlawful means and for unlawful consideration no possessor or indorse whom promises through person who discovered roughly acquired the tool is entitled to have the quantity because of thereon from such maker, acceptor or owner, or from any celebration before such owner, unless such possessor or indorse is, or some individual through who he promises had been, an owner thereof in because of training course.

Part 85:

Cheque payable to order.

1. By this area, bankers are put in privileged place. It provides when a purchase cheque is indorsed by or on the part of the payee, and also the banker on who its drawn pays it in because of training course, the banker is discharged. They can debit his client aided by the quantity therefore compensated, although endorsement of this payee might grow to be a forgery.

2. The claim protection under this area the banker has got to prove that the repayment had been a payment in because of training course, in good faith and without negligence.

Part 87. Effect of product alteration

Under this area any alteration made without the permission of celebration will be void. Alteration will be legitimate as long as is produced with typical objective of this celebration.

Part 138. Dishonour of cheque for insufficiency, etc., of funds inside account.

In which any cheque drawn by a person on a free account preserved by him with a banker for repayment of any sum of money to another person from away from that account fully for the discharge, in whole or in part, of any debt or any other responsibility, is came back because of the bank unpaid. either because of the sum of money standing into the credit of that account is insufficient to honour the cheque or it exceeds extent arranged to be compensated from that account by an agreement created using that bank, such individual will be considered to have committed an offence and shall, without bias.

Part 141(1) Offences by businesses.

If individual committing an offense under Section 138 is a company, everybody whom, at the time the offense had been committed, was at charge of, and had been responsible to, the business for conduct of this company of this company, along with the company, shall be considered to be guilty of this offense and shall be prone to be proceeded against and punished consequently.


Safety implies feeling of security as well as freedom from risk or anxiety. When a banker takes a collateral safety, state in the form of silver or a title-deed, contrary to the cash lent by him, he’s got a feeling of security as well as freedom from anxiety in regards to the possible non-payment of this loan because of the debtor. These should-be communicated to all or any strata of this company through appropriate means. Before staff managers should analyze existing methods. Safety procedure should-be stated explicitly and decided by each user inside certain environment. Such methods guarantee information safety and improve availability. Bank safety is essentially a defense against unforced attacks by thieves, dacoits and burglars.


A large section of financial institutions safety depends on social safety actions. Physical safety actions can be defined as those certain and special protective or protective actions adopted to deter, identify, delay, guard and conquer or to perform anyone or maybe more of the functions against culpable acts, both covert and covert and acclamations natural events. The protective or protective, actions adopted incorporate construction, installation and implementation of structures, gear and individuals correspondingly.

The following are few tips to check on malpractices:

1. To turn the money work within the staff.

2. Anyone must not continue on the same chair for longer than 2 months.

3. Daybook shouldn’t be written by the Cashier in which an other individual is available into the job

4. No money withdrawal should-be allowed within passbook in case of withdrawal by pay order.

5. The part manager should ensure that all personnel have actually recorder their particular presence inside attendance registrar, before beginning work.

Execution of Documents

1. a lender officer must adopt a strict expert approach inside execution of documents. The ink and also the pen used for the execution needs to be preserved uniformly.

2. Bank documents shouldn’t be typed on a typewriter for execution. These should-be inevitably handwritten for execution.

3. The execution should always be carried out in the existence of the officer responsible for obtain all of them,
4. The consumers should-be asked to check in complete signatures in same design for the documents.

5. Unless there clearly was a particular requirement inside document, it should never be got attested or seen as a result attestation may change the personality of this tools and also the documents may at the mercy of ad volrem stamp task.

6. The report by which the bank documents are created should-be pilfer proof. It ought to be unique and open to the financial institutions just.

7. The printing of this bank documents needs highly creative intricate and complex illustrations.

8. The documents performed between Banker and Borrowers needs to be held in safe custody,


1. Part 91 of IPC will be amended to include digital documents additionally.

2. Part 92 of Indian Evidence Act, 1872 will be amended to include commuter based communications

3. Part 93 of Bankers Book Evidence Act, 1891 is amended to provide legal sanctity for books of account preserved inside digital kind because of the financial institutions.

4. Part 94 of this Reserve Bank of Asia Act, 1939 will be amended to facilitate digital fund transfers between the finance institutions and also the financial institutions. A brand new term (pp) is inserted in Section 58(2).


In the banking and financial sectors, the development of digital technology for deals, settlement of records, book-keeping and all sorts of various other relevant functions happens to be an imperative. Progressively, whether we enjoy it or otherwise not, all banking deals will be digital. The push is on commercially important centers, which account fully for 65 % of banking company in terms of price. Nowadays there are many completely computerized limbs around the world.

A switchover from cash-based deals to paper-based deals has been accelerated. Magnetic Ink personality recognition clearing of cheques happens to be operational in a lot of places, near the four metro places. In Asia, the look, management and legislation of electronically-based repayments system are becoming the main focus of policy deliberations. The imperatives of establishing an effective, efficient and speedy repayment and settlement methods are becoming sharper with introduction of brand new tools such credit cards, telebanking, ATMs, retail Electronic Funds Transfer (EFT) and Electronic Clearing Services (ECS). We’re moving towards smart cards, credit and financial Electronic information Interchange (EDI) for right through handling.

Financial Fraud (research, Prosecution, healing and Restoration of residential property) Bill, 2001

Further the Financial Fraud (research, Prosecution, healing and Restoration of residential property) Bill, 2001 had been introduced in Parliament to suppress the menace of Bank Fraud. The Act would be to prohibit, control, investigate financial frauds; heal and restore properties at the mercy of such fraudulence; prosecute for causing financial fraudulence and issues connected therewith or incidental thereto.

Beneath the said work the definition of Financial Fraud is thought as underneath:

Part 512 – Financial Fraud

Financial frauds indicates and includes the after acts committed by a person or together with connivance, or by his agent, in the transactions with any bank or financial institution or other entity keeping public funds;

1. The suggestion, as a well known fact, of that that will be incorrect, by person who does not think it to be real;

2. The energetic concealment of a well known fact by one having understanding or belief of this fact;

3. a vow created using out any objective of carrying out it;

4. Other work fitted to deceive;

5. Any such work or omission while the law specially declares to be fraudulent.
Provided that whoever acquires, possesses or transfers any proceeds of financial fraudulence or goes into into any deal that will be pertaining to proceeds of fraudulence either directly or indirectly or conceals or supports the concealment of this proceeds of financial fraudulence, commits financial fraudulence.

513(a) – discipline for Financial Fraud

Whoever commits financial fraudulence will be: (a) Punished with rigorous imprisonment for a phrase, which may expand to seven years and shall also be prone to fine.

(b)Whoever commits severe financial fraudulence will be punished with rigorous imprisonment for a phrase which may expand to a decade but shall never be less than five years and shall also be liable for good as much as double the quantity taking part in such fraudulence.

So long as both in (a) and (b) all funds, bank records and properties acquired using such funds put through the financial fraudulence as may reasonably be attributed because of the examining company will be restored and restored into the rightful owner according to the procedure founded by law.


The Indian Banking business has actually encountered great development since nationalization of 14 financial institutions around 1969. There’s an almost eight times upsurge in the bank limbs from about 8000 during 1969 to mote than 60,000 belonging to 289 commercial financial institutions, that 66 financial institutions come in private industry.

It absolutely was the result of two successive Committees on Computerization (Rangarajan Committee) that put the tone for computerization in Asia. Even though the first committee received the blue printing in 1983-84 for mechanization and computerization in banking industry, the second committee establish in 1989 paved the way for integrated utilization of telecommunications and computer systems for using technogical breakthroughs in banking industry.

However, aided by the spread of banking and financial institutions, frauds have already been on a continuing enhance. Maybe it’s an all natural corollary to increase inside wide range of clients who are using financial institutions today. Around 2000 alone we’ve lost Rs 673 crores in up to 3,072 wide range of fraudulence situations. They are just reported figures. Though, this is 0.075% of Rs 8,96,696 crores of total deposits and 0.15% of Rs 4,44,125 crores of financial loans & advances, you will find any amounts of situations that are not reported. There were almost 65,800 bank limbs of an overall total of 295 commercial financial institutions in Asia as on June 30, 2001 reporting an overall total of almost 3,072 bank fraudulence situations. This makes almost 10.4 frauds per bank and about 0.47 frauds per part.

A specialist Committee on Bank Frauds (Chairman: Dr.N.L.Mitra) presented its are accountable to RBI in September 2001. The Committee examined and suggested both preventive and curative components of bank frauds.

The important recommendations of this Committee consist of:

o A need for including financial fraudulence as a criminal offense;

o Amendments into the IPC by including an innovative new chapter on financial fraudulence;

o Amendments into the Evidence Act to move the burden of proof regarding the accused individual;

o Unique provision inside Cr. Computer for properties mixed up in Financial Fraud.

o Confiscating unlawful gains; and preventive actions such as the improvement Best Code treatments by financial institutions and finance institutions.

Hence it could be determined that after actions should fundamentally be adopted because of the Ministry of Finance in order to lower situations of Fraud.

o There must be an unique Court to try financial fraudulence situations of severe nature.

o The law should offer separate structural and healing procedure. Every bank should have a domestic enquiry officer to enquire in regards to the municipal dimension of fraudulence.

o a fraudulence concerning some ten crore of rupees and overhead are considered severe and get attempted inside Unique Court.

The Twenty-ninth Report of this Law Commission had dealt some types of crimes among that will be “offences calculated to prevent and obstruct the economic improvement the nation and endanger its economic health.” Offences concerning Banking Fraud will are categorized as this group. The most important feature of these offences is that ordinarily they cannot include a person direct target. They’ve been punishable because they harm the whole society. It’s obvious that cash taking part in Bank belongs to general public. They deposit there lifetime’ safety in Financial institutions plus in situation of Dacoity or Robbery in financial institutions the general public is going to be al missing. Hence it is important that enough attempts should-be consumed this regard.

There exists an innovative new sorts of hazard in cyber globe. Writers are referring it as “Salami Attack” under this a unique application is used for moving extent from the account of this individual. Hence the culprits of these crimes should-be discovered quickly and may get strict discipline. Moreover there clearly was requirement of more wide range of IT professionals who can help to locate an answer against all these safety threats.