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

Mr. Rohan, a software developer from the bustling city of Aryavart, was shocked to find his bank account frozen one morning. A significant amount from a recent freelance project was inaccessible. Panicked, he searched online for solutions and found a social media post. A user named ‘CyberHelpDesk_Official’ had written, “Anyone from Pradesh Nagar with a frozen account, contact me. I am from the Cyber Crime Department. Direct message me at 88XXXXXX99 for immediate help.”

Feeling a sense of relief, Rohan immediately contacted the number. The person on the other end, who introduced himself as Inspector Verma, sounded very convincing. He claimed Rohan’s account was linked to a money laundering complaint filed in another state. To resolve the issue quickly and avoid legal trouble, ‘Inspector Verma’ demanded a “processing fee” of ₹50,000 to be transferred to a different account. Desperate to unfreeze his funds, Rohan transferred the money. The moment the transfer was complete, the ‘Inspector’s’ phone was switched off, and his social media profile vanished. Rohan had not only lost access to his frozen funds but was also scammed out of an additional ₹50,000.

Advice in such cases

If your bank account is frozen, it is crucial to act calmly and methodically. Scammers prey on the panic and desperation of individuals in this situation.

• Never trust unsolicited offers of help on social media or messaging apps, especially from those claiming to be police or government officials.
• The police will never ask for money to unfreeze your account or to close a case. This is a clear sign of a scam.
• Contact your bank’s branch manager directly to understand the reason for the account freeze. They will provide information about the source of the instruction, which is usually from a law enforcement agency.
• Do not transfer money to any personal accounts as a “fee” or “settlement.” All official procedures are handled through formal channels.
• 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

Scams like the one Mr. Rohan faced involve several criminal offenses under Indian law. The culprits can be prosecuted under the following sections:

• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with cheating. The scammer dishonestly induced Rohan to deliver money.
• Section 319 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section specifically addresses cheating by impersonation, as the scammer pretended to be a police inspector.
• Section 170 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This pertains to impersonating a public servant. The scammer pretended to hold the office of a Cyber Crime inspector and acted under the color of that office.
• Information Technology Act, 2000: Provisions like Section 66D (punishment for cheating by personation by using computer resource) are also applicable in such cyber frauds.

If you are the complainant

If your account is frozen due to a complaint filed against you (often without your knowledge), you are considered the ‘accused’ in that particular complaint, but a ‘complainant’ regarding the account freeze itself.

• Immediately visit your bank branch and obtain a written statement explaining why the account was frozen and under whose authority (which police station, etc.).
• File a formal complaint about the scam on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by calling the helpline number 1930.
• Gather all evidence, including screenshots of the scammer’s profile, chat history, and transaction details of the money you were duped into sending.
• 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 have been scammed like Mr. Rohan and have lost money to a fake official, you are a victim of fraud.

• The first hour is critical. Immediately call the National Cyber Crime Helpline 1930 and report the fraudulent transaction. This can help in trying to block the money from reaching the scammer.
• Report the incident on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in).
• File an FIR (First Information Report) at your local police station, providing them with all the details and evidence.
• Inform your bank about the fraudulent transaction and provide them with the police complaint number.
• 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

Understanding the official police procedure is key to avoiding scams. The real police will follow a formal process:

• Law enforcement agencies send an official notice to the bank to freeze an account, not to the account holder directly via social media.
• If the police need to question you, they will issue a formal summons under Section 160 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), requiring your presence at the police station.
• They will not conduct investigations or demand personal financial details over WhatsApp or an informal phone call.
• Any communication will be on official letterhead and will come through proper channels. They will never ask for a “fee” or “bribe” to resolve a matter.

FAQs people normally have

Why was my bank account frozen?

An account is typically frozen on the instruction of a law enforcement agency or a court order. This usually happens when a transaction in your account is linked to a complaint of cyber fraud, often related to online gaming, cryptocurrency (P2P), or other suspicious fund transfers.

Can the police freeze my account without informing me?

Yes. In the initial stages of an investigation, an account can be frozen without prior intimation to the account holder to prevent the funds from being moved and to preserve evidence.

How can I get my account unfrozen?

You must follow the legal procedure. This involves identifying the authority that ordered the freeze, cooperating with their investigation, providing necessary documents to prove the legitimacy of your transactions, and, if required, seeking judicial intervention through a lawyer.

What evidence is required?

To defend your case and prove your innocence, you will need to gather comprehensive evidence. This includes:

• Complete bank statements showing the source of funds.
• If related to crypto, provide transaction history from the exchange.
• Any communication with the party involved in the disputed transaction.
• Your KYC documents and proof of income to establish the legitimacy of your funds.

How long will the investigation take?

The duration of an investigation varies significantly. It can take anywhere from a few weeks to several months, depending on the complexity of the case, the number of jurisdictions involved, and the workload of the investigating agency. Retaining a lawyer can help expedite the process by ensuring timely and proper communication with the authorities.

Advocate Sudhir Rao, Supreme Court of India