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

Mr. Rohan Sharma received a cryptic SMS from his bank, the National Bank of India (NBI), on Thursday, 15th of August, 2026. The message stated, “Dear customer, a stop has been placed on your account [account number] for ‘other reason’.” Confused and concerned, Mr. Sharma rushed to his home branch in the city of Jayanagar to understand the issue. The branch manager was evasive and unhelpful. He vaguely gestured towards an email on his screen, claiming the freeze was initiated by the “Cyber Crime Division” based on an order from the bank’s Regional Head Office. He mentioned a reference number, “CR-8921,” but provided no official documentation or clear explanation.

Upon checking his internet banking, Mr. Sharma discovered his account was under a “debit freeze.” He could receive money, but he couldn’t withdraw or transfer any funds out. His calls to the NBI helpline were futile, as they redirected him back to his home branch. He submitted a formal written application at the branch, but weeks turned into a month with no resolution. Despite sending multiple complaints through the bank’s official email and portal, he received no response. Mr. Sharma is now in a difficult position, unable to access his own money and is unsure of the next steps to take.

Advice in such cases

If your bank account has been frozen without clear communication, it can be a distressing experience. Here is a systematic approach to handle the situation:

• Gather All Documentation: Collect all relevant documents, including the SMS or email from the bank, your account statements, and any written correspondence you have had with the bank.
• Demand Written Communication: Visit the bank branch again and formally request a written explanation for the account freeze. Ask for a copy of the order or communication based on which the freeze was implemented. An oral explanation is not sufficient.
• File an RTI: If the bank is a public sector undertaking, you can file a Right to Information (RTI) application asking for the details of the authority that ordered the freeze and a copy of the said order.
• Approach the Banking Ombudsman: If the bank fails to provide a satisfactory response within 30 days, you can file a complaint with the Banking Ombudsman. This is a quasi-judicial authority that resolves disputes between banks and customers.
• 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.

Applicable Sections of Law

The freezing of bank accounts, especially in cases related to cybercrime, is governed by several laws. With the introduction of new criminal laws, the relevant provisions have changed.

• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Section 105 of the BNSS, which replaces Section 102 of the old Criminal Procedure Code (CrPC), grants police officers 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. A bank account is considered ‘property’ in this context. The police are required to report such a seizure (freeze) to the concerned Magistrate.
• Information Technology Act, 2000: This Act deals with cybercrime and electronic commerce. Police authorities often invoke its provisions when investigating online financial frauds, leading to account freezes.
• Reserve Bank of India (RBI) Guidelines: The RBI has laid down specific guidelines that banks must follow when freezing customer accounts. These guidelines emphasize the need for proper notice and a valid legal order from a competent authority.

If you are the complainant

If you are the person who has been a victim of a financial fraud and have filed a complaint that led to someone else’s account being frozen, here is what your role entails:

• File a Complaint Promptly: Your first step should be to report the fraudulent transaction immediately by calling the national cybercrime helpline at 1930 or by filing a detailed complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in).
• Provide All Evidence: Submit all evidence you have, such as transaction IDs, screenshots of fraudulent messages or websites, and bank statements, to the police. This helps them trace the money trail and identify the suspect accounts.
• Cooperate with the Investigation: Be available to cooperate with the investigating officer. You may be required to provide statements and assist in the investigation.
• 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.

If you are the victim

If you are in Mr. Sharma’s position, where your account has been frozen, you are the victim of the situation until proven otherwise. Here are the steps you must take:

• Identify the Source: Your primary goal is to find out which police station or cyber cell has issued the freezing order and the FIR or complaint number associated with it. The bank is legally obligated to provide you with this information.
• Approach the Investigating Officer (IO): Once you have the details, contact the concerned IO. Present your case with evidence showing that the funds in your account are legitimate and you are not involved in any wrongdoing.
• File a Reply: Submit a formal written representation to the IO with all supporting documents, explaining your side of the story and requesting the de-freezing of your account.
• Seek Legal Recourse: If the police do not de-freeze your account, your next step is to approach the court. You can file an application before the jurisdictional Magistrate or a petition before the High Court to quash the freeze order.
• 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.

How the police behave in such cases

When a cybercrime complaint is filed, the police act swiftly to prevent the siphoned-off money from being withdrawn. They immediately issue a notice under Section 105 of the BNSS to the bank where the fraudulent funds have been transferred. The bank, upon receiving this notice, freezes the account. The primary objective is to secure the funds. The investigation follows this initial step. Often, the account holder is not immediately informed by the police, and they only find out about the freeze from their bank. While this can seem unfair, it is a standard procedure to prevent the accused from moving the funds upon being alerted.

FAQs people normally have

What evidence is required?

To get your account de-frozen, you need to prove the legitimacy of the transactions and funds. The required evidence includes:

• Complete bank statements of the frozen account.
• Know Your Customer (KYC) documents (Aadhaar Card, PAN Card, etc.).
• If you are a business owner, provide GST registration, invoices, and other business-related documents.
• If you are a salaried individual, provide your salary slips and Form 16.
• Any communication or contracts related to the transactions under scrutiny.

How long will the investigation take?

There is no fixed timeline for such investigations. The duration depends on the complexity of the case, the number of accounts involved, and whether the investigation spans multiple states. It can take anywhere from a few weeks to several months or even longer. However, you do not have to wait for the investigation to conclude. An application for de-freezing the account can be moved in court at any stage. A lawyer can guide you on the right time and forum to file such an application to expedite the process.

Advocate Sudhir Rao, Supreme Court of India