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Bank account frozen by cyber cell?

Applications to unfreeze bank accounts and release held amounts, and replies to cyber police notices.

Many people in Gurugram find their bank account suddenly frozen, often because money from an online fraud passed through their account, sometimes without their knowledge, for example through a business payment, a peer-to-peer crypto trade or a refund. A freeze can stop salary, business payments and daily expenses, so it needs quick and careful handling.

Why accounts are frozen

When a cyber fraud complaint is made, the police trace the money and can direct banks to freeze the receiving accounts under their power to seize property connected with an offence (Section 106 of the BNSS, formerly Section 102 CrPC). Often the entire account is frozen even though only a small amount is linked to the complaint.

First steps

  1. Ask your bank in writing for the reason, the police station or state that requested the freeze, and the complaint or acknowledgement number.
  2. Collect your records: statements, invoices, chats or trade records explaining why the disputed money came to your account.
  3. Do not ignore any police notice. Reply through proper channels, after advice.

Legal remedies

  • A written representation to the investigating officer explaining the transaction and asking for the freeze to be lifted or limited.
  • An application before the Magistrate for release of the account or the frozen amount (under the provisions on custody and release of seized property, Sections 497 and 503 of the BNSS).
  • Where the freeze is disproportionate or no proper procedure was followed, a petition before the High Court. Several High Courts have held that freezing an entire account for a small disputed amount, or for an indefinite period without informing the Magistrate, is not justified.

How we can help

We find out which police station ordered the freeze, prepare the representation and court applications, and aim to get the account released or at least restricted to the disputed amount, so that you can use the rest of your money.

Advocate Ashutosh Hans Discuss your matter directly. Share a short outline and a convenient time to talk.

This page is general information about the law and is not legal advice for your situation. Laws and procedures change; please get advice on your specific facts.

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