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

A young student, Mr. Sameer, from the city of Vikaspuri, decided to start a small online business selling custom apparel through a social media platform to support his college education. He had diligently saved around Rs. 15,000 for his fees. An issue arose when a customer, Mr. Gupta, received the wrong product for an order worth approximately Rs. 2,100. Due to a misunderstanding, Mr. Gupta filed a complaint with the cyber police.

Consequently, the police instructed the bank to freeze Mr. Sameer’s entire bank account. After a conversation, the matter was amicably resolved between them. Mr. Gupta, understanding the situation, sent multiple emails to the cyber police cell in Vikaspuri, requesting the withdrawal of his complaint. Despite their mutual settlement and repeated follow-ups, more than a month has passed. The police remain unresponsive, and Mr. Sameer’s account, containing his essential college funds, is still frozen, leaving him in a state of helplessness.

Advice in such cases

• Document Everything: Keep a clear record of all communications. This includes screenshots of conversations with the customer, proof of the transaction, shipping details, and especially the written settlement agreement or emails confirming the resolution.
• Formal Communication: Draft a formal letter or application addressed to the Investigating Officer of the concerned police station and the Branch Manager of your bank. Attach all supporting documents, including the complainant’s withdrawal request, and request them to de-freeze your account. Maintain a copy of this communication with a receiving stamp.
• File an Application in Court: If the police and bank do not act within a reasonable time, the next step is to approach the court. An application can be filed before the Magistrate under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking directions to de-freeze the account.
• 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

In such scenarios, the legal framework primarily involves provisions from the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS).

• Section 108 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. A bank account is considered ‘property’ under this provision, allowing the police to direct the bank to freeze it during an investigation.
• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with the offence of ‘Cheating’. Cyber complaints in commercial disputes are often initially registered under this section if there is an allegation of dishonest inducement.

If you are the complainant

• Provide a Written Withdrawal: If you have settled the matter, provide a formal, written application or an affidavit to the investigating officer stating that the issue has been resolved and you wish to withdraw your complaint.
• Follow Up Consistently: A single email may get lost. Follow up with the police station in person or through calls to ensure your withdrawal request is processed and acted upon.
• Cooperate with the Process: The police may require you to give a formal statement confirming the settlement. Your cooperation is crucial for the accused to get relief.
• 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

• Do Not Panic: While it is a stressful situation, panicking can lead to mistakes. Approach the problem systematically.
• Preserve All Evidence: Secure all proof of your legitimacy, the transaction, your attempts to resolve the issue, and the final settlement with the complainant.
• Communicate Professionally: When interacting with the police or the bank, be polite, professional, and persistent. Provide them with all the necessary documents in an organized manner.
• 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

The police, especially cyber cells, receive a high volume of complaints daily. When a complaint is filed, their immediate protocol is often to freeze the suspect’s bank account to prevent the dissipation of funds that might be related to the alleged crime. This is a precautionary measure. Delays in de-freezing often occur due to bureaucratic procedures, heavy caseloads, or the need for a formal order from a senior officer or the court. They may not be intentionally unresponsive but are following a standard, albeit slow, process. They will typically wait for a court order or a clear directive from their superiors to unfreeze an account once an investigation has commenced.

FAQs people normally have

What evidence is required?

To get your account de-frozen, you will typically need:

• Proof of the original transaction (invoice, payment receipt).
• Proof of dispatch and delivery of the product.
• All communication records with the complainant.
• A written document, email, or affidavit from the complainant confirming that the dispute has been resolved and they are withdrawing the complaint.
• Copies of your applications submitted to the police and the bank.
• Your identity and address proof.

How long will the investigation take?

There is no fixed timeline. If the matter is settled and the complainant cooperates, it can be resolved relatively quickly with proper legal follow-up. However, if reliant solely on police action without legal intervention, it can drag on for several weeks or even months. Filing an application in court is often the most effective way to expedite the process, as it makes the police accountable to provide a status report and justify their actions to a judge.

Advocate Sudhir Rao, Supreme Court of India