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Introduction
A bank account freeze can be stressful, especially when linked to a cybercrime case. Law enforcement agencies may freeze accounts under suspicion of fraud or illegal activity. If your account is frozen and you haven’t done anything wrong, do not panic. This guide explains the legal provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and outlines steps to unfreeze a bank account quickly and legally.
What Is a Bank Account Freeze?
A bank account freeze restricts your ability to withdraw or transfer funds. This action is typically initiated by law enforcement agencies under Section 102 of the Criminal Procedure Code (CrPC) when there’s suspicion of the account’s involvement in criminal activities. The freeze is a preventive measure during ongoing investigations.
Steps to Unfreeze Your Bank Account
- Contact Your Bank Immediately. Reach out to your bank’s customer service or visit your local branch.
- Request details about the freeze, including any official orders or notices received.
- Consult a Cybercrime Lawyer. Engage a professional experienced in cybercrime cases. They can guide you on the necessary documentation and legal steps.
- Gather Evidence of Legitimate Transactions. Collect all relevant documents: bank statements, transaction receipts, emails, and any communication that supports the legitimacy of your account activities.
- Engage with the Investigating Officer (IO)
- Identify and contact the IO assigned to your case.
- Discuss the situation and provide necessary information.
- Always have your lawyer present during these interactions to protect your rights.
- File a Representation or Petition.
- File a representation before the investigating authority.
- Approach the Magistrate under Sections 451 or 457 of the CrPC to seek relief.
Legal Provisions to Challenge Bank Account Freezing (Under BNSS & BNS)
- Section 113 of the BNSS, 2023 (Equivalent to Section 102 CrPC) – Power of Police to Seize Property. A police officer may seize any property suspected to be involved in an offence. The officer must report the seizure immediately to the Magistrate.
- Section 113(3): Authorizes the Investigating Officer to release the seized property before trial, under specific conditions.
- Section 491 of the BNSS, 2023 (Equivalent to Section 451 CrPC) – Custody and Disposal of Property During Trial
- The Magistrate may issue orders for the interim custody or disposal of seized property.
- You can file an application for temporary release or use of your bank account during investigation or trial.
- Section 493 of the BNSS, 2023 (Equivalent to Section 457 CrPC) – Disposal of Property Not Produced Before Court
- If seized property is not presented in court but reported to the Magistrate, they may issue directions for its custody, disposal, or release. Apply under this provision if the police have frozen your account and you are seeking its unfreezing.
- Article 226 of the Constitution of India – Writ Jurisdiction of High Court. Unchanged under the new codes. If procedural fairness is violated or the freeze is arbitrary, you can file a writ petition in High Court seeking:
- Unfreezing of account
- Protection of your right to carry on business
- Judicial review of the actions by police or bank
- BNS, 2023 – Applicable Cybercrime Offences. Common sections under BNS that are cited in cybercrime FIRs include:
- Section 66 – Cheating by personation through communication device (replaces Section 66D of IT Act)
- Section 67 – Identity theft (replaces Section 66C of IT Act)
Conclusion
Having your bank account frozen due to a cybercrime complaint is serious but not the end of the road. You can challenge the freeze by using the correct legal provisions and proper documentation. Work with a qualified lawyer and act quickly. Whether through the Investigating Officer, the Magistrate, or the High Court, several options exist to protect your rights and restore access to your account. Stay informed and take the right steps to resolve the issue legally. Contact No. +91 – 8569843472
