If you are stuck in such a situation, here is what to do.

Mr. Rohan Mehra, a resident of a major metropolitan city, was shocked to discover that his bank account with Prime National Bank had been frozen. For several months, he was left without any information. It was only after persistent follow-ups that a new branch manager finally provided him with an official acknowledgement slip. The document revealed that his account was frozen based on a notice from the Cyber Cell of Alipur, Uttar Pradesh. The issue was traced back to two transactions of ₹500 each that he had received, which were flagged as suspicious by the authorities in Alipur. These transactions were subjected to a high level of scrutiny, leading the Cyber Cell to instruct Prime National Bank to freeze the entire account pending an investigation. Mr. Mehra is now seeking to understand the nature of the complaint against him and the legal process to get his account de-frozen.

Advice in such cases

• Immediately contact your bank’s branch manager to get a written explanation and a copy of the notice or order that led to the account being frozen.
• Gather all relevant documents, including your bank statements, KYC documents, and any proof related to the transactions in question to establish their legitimacy.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Draft a formal representation through your lawyer to the concerned Cyber Cell and the police officials, explaining your side of the story and providing evidence to prove your innocence.

Applicable Sections of Law

In such cases, several laws may come into play. The police or investigating agencies typically use the following provisions:

• Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This section grants a police officer the power to seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence. Bank accounts are often frozen under this provision, treating the money within as ‘property’ linked to a potential crime.
• Information Technology Act, 2000: Sections like 66C (identity theft) and 66D (cheating by personation by using computer resource) are often invoked in cyber fraud cases. The investigation is conducted based on these provisions.
• Bharatiya Nyaya Sanhita, 2023 (BNS): Provisions related to cheating (Section 318) may be applied if the transactions are linked to a complaint of fraud.
• Prevention of Money Laundering Act, 2002 (PMLA): In cases involving larger sums or complex transaction chains, the Enforcement Directorate (ED) may get involved, and the account can be frozen under PMLA provisions.

If you are the complainant

If you are the one who has filed a complaint about a fraudulent transaction, leading to another person’s account being frozen, here is what you should do:

• File a detailed First Information Report (FIR) or a complaint with the National Cyber Crime Reporting Portal (NCRP) or the local Cyber Cell, providing a clear timeline of events.
• Submit all evidence, such as transaction details, screenshots of fraudulent messages, and any communication with the fraudster.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Cooperate fully with the investigating officer and provide any further information they may require to trace the funds and investigate the matter thoroughly.

If you are the victim

If your account has been frozen and you are the victim of this action (as in Mr. Mehra’s case), your approach should be proactive and strategic:

• Do not delay. The sooner you act, the better your chances of a swift resolution. Obtain the necessary documents from the bank immediately.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Your lawyer can file an application before the concerned Magistrate or court, seeking directions to de-freeze the account. This is often the most effective remedy when the police are unresponsive.
• Avoid directly contacting the original complainant. All communication should be routed through your lawyer and the investigating authorities to prevent any misinterpretation of your actions.

How the police behave in such cases

Upon receiving a complaint of cyber fraud, the police, particularly the Cyber Cell, act swiftly to prevent the siphoned funds from being withdrawn. Their primary step is to issue a notice, often under Section 105 of the BNSS, to the bank where the funds were transferred. This notice directs the bank to freeze the destination account. The police’s priority is to secure the funds first and investigate later. This often means the account holder is left in the dark and faces significant hardship. Follow-ups from the account holder may be met with slow responses, as the police are often dealing with a high volume of cases.

FAQs people normally have

What evidence is required?

To get your account de-frozen, you will need to provide strong evidence to prove that the funds in your account are legitimate. This includes: your complete bank statement, KYC documents (Aadhaar, PAN card), an explanation for the specific transactions flagged as suspicious, and any invoices, receipts, or communication that validates these transactions. If the transaction was for goods sold or services rendered, provide proof of the same.

How long will the investigation take?

The duration of an investigation can vary significantly. In simple cases where the account holder can quickly provide a valid explanation and the police are satisfied, an account might be de-frozen within a few weeks after filing a representation. However, in more complex cases, or if the police are unresponsive, it may take several months. If court intervention is required, the process can be longer, depending on the court’s schedule and the complexity of the case. Having a proactive lawyer is crucial to expedite this process.

Advocate Sudhir Rao, Supreme Court of India