Last Updated on December 9, 2024 by Satish Mishra
This post is your guide to CyberCrime Bank Account Freeze by Police Officials when involved in an online transaction.
Cyber Crimes have increased manifold in today’s time and we see it happening every day. The more we become digital, these things will advance to a new level.
Bank accounts are freeze if the account is involved under fraudulent activities, money laundering or other cybercrimes related to the account.
Mostly the bitcoins and online investments are involved in these account related activities. So one must tread with caution when investing online or doing any sort of trade as this would reflect your role in the online transaction.
Bank Account Unfreeze Expert Legal Advice
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People playing online games and crediting money into accounts of one another are also prone to this and always be cautious of dealing with them. Peer to peer (P2P) transactions of funds are most common in them.
So it’s common today when you hear that the account has been freeze by bank, Police Authority or on the orders of the Court. So, now what should be your legal recourse in this situation; let us discuss them in brief here:
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- Contact Bank First- Bank is the most important aspect here. Take the complete set of documents from your bank under whose order the account has been attached and you can approach the very same authority for removing the account under scanner or releasing the lien, if involved.
Be in Touch with Police
After bank, next in line are Police Officials. Speak to them regarding the entire transaction, note down the number of IO concerned and clarify your alleged involvement in the offence. Once you have the details, give your reply after consulting with your lawyer and keep a proof of it.
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Police officials have Standard Operating Procedure (SOP) for Debit Freeze of Suspected Bank Accounts which can also be followed in this case.
Move Application in Court
3 You can move an application in the concerned court through CyberCrime Lawyer so that the account can be unfreeze and you can use it. If there is disputed amount involved, then the remaining amount left in the account can be used with the orders of Hon’ble Court. That’s how it works.
Under Section 451 CrPC (497 in BNSS) and 457 CrPC ( 503 in BNSS ), applications can be moved before magistrate for release of the property.
Similar powers have been there in Section 102 (3) CrPC (Now 106 in BNSS) under which Police Authorities have issued notices.
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Lien Marking or Freezing- Usually the accounts are freeze on the instructions of Cyber Wing of State Police who issues notice to bank to attach accounts.
Section 91 CrPC (94 in BNSS) – One should definitely reply to the Notice of IO (Investigating officer) after duly consulting the best cyber lawyer of your place who will assist you in this.
4 Assist with the Investigation– Best that you can do is to share your version of the story and proceed with the cyber officials against your alleged involvement in the crime.
Account holder can question the actions of Cyber Police u/s 453 CrPC (Now 499 in BNSS).
This would help you removing hold from the account.
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5 Consult CyberCrime Lawyer- If you don’t have time to do all of the above and appreciate professional assistance in legal matter then consult cyber lawyers who will take you out of the entire process and thus saving you a good amount of time.
They will be ready to draft your Sec 102 (3) applications before the IO/Concerned Authority who has ordered the bank freeze.
Police may require you execute personal bond for the amount if you wish to use it.
Or before the magistrate under Section 451/457 of CrPC. The section provides saviour to many accused whose property get involved without their fault.
If still the issue persists, you can approach the High Courts under Criminal Writ jurisdiction for the desired relief for sustenance of right to livelihood. Article 14 and Article 21 are there to protect your right.
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Obviously, for the service, Cyber Lawyer is going to charge you and I guess there shouldn’t be any issue in that, right?
Every service has a Fee in this world. As there are No Free Lunches!
Once the Cyber Crime Police is assured of the non-involvement of the accused/account holder, then bank accounts that had previously locked are unfrozen.
This further provides significant relief to victims who were either tricked into accepting fraudulent payments or inadvertently engaged in such actions.
Police Authorities are equipping themselves with the latest technology for improving statistics concerning Refunds and Amounts on Hold.
Now as per the the new policy, which only freezes the portion of the account that is implicated in fraud rather than the total amount. Cyber Wing will now only freeze the specific amount associated with the fraud rather than the entire account. This change is intended to reduce the financial strain on middle-class individuals who face significant hardships when their entire accounts are locked.
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Authorities have urged individuals who believe their accounts were mistakenly frozen to come forward with evidence demonstrating their non-involvement in cybercrime. These accounts will be reviewed and potentially unfrozen on a case-by-case basis.
Hope this post aids you in being informed against account freeze by Bank on asking of Cyber Police.
For case specific info, please contact cyber crime lawyers Zirakpur Panchkula Derabassi Chandigarh Mohali Kharar Mullanpur.
More on 99888-17966.