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

A Canadian national, Mr. Arjun Mehra, came to India in 2015 for his studies. While volunteering with a Mumbai-based NGO called “Asha Kiran,” he encountered a young boy, Rohan, who was collecting scraps near a local temple at Marine Drive. Rohan was an orphan, having lost both his parents. Mr. Mehra, moved by his plight, persuaded him to seek shelter at a child care institution associated with the Chhatrapati Shivaji Maharaj Terminus contact point.

Mr. Mehra continued to support Rohan financially even after he was placed in the institution, funding his tuition and other needs. He also worked with a local friend to locate Rohan’s surviving relatives—an aunt and a grandmother. Unfortunately, the family was in no position to care for him, and the grandmother has since passed away. Rohan remained in the institution until the COVID-19 pandemic, at which point he was asked to leave. After a brief and difficult stay with his aunt, he left her home.

Mr. Mehra, who had been in Canada due to visa and travel restrictions, returned to India in 2020. Since then, Rohan has been under his care, living with him at a spiritual retreat in Himachal Pradesh. To secure Rohan’s future, Mr. Mehra purchased a property in Rohan’s name and is financing the construction of a house that will also function as a dog kennel business for him.

The trouble began when a local businessman, who also supports the retreat, had a disagreement with Mr. Mehra. This individual maliciously reported Mr. Mehra to the police as an illegal foreigner. The Local Intelligence Unit (LIU) investigated, and after verifying his legal documents, they left. However, their focus then shifted to Rohan. They began harassing him, questioning his presence in the city and his association with a foreign national. The officers allegedly made inappropriate and defamatory remarks to Rohan, suggesting Mr. Mehra had malicious intentions. When Rohan reacted defensively, the LIU officers seemingly developed a vendetta against him and froze his bank account. This account was being used by Mr. Mehra to transfer funds from his Canadian account for the construction of the house and for Rohan’s daily expenses.

Now, Mr. Mehra is seeking legal recourse to stop the police harassment and unfreeze Rohan’s account, allowing him to complete the nearly 30 lakh rupee project aimed at providing Rohan with a home and a sustainable livelihood.

Advice in such cases 💡

When faced with arbitrary police action and harassment, especially involving a foreign national and financial transactions, it is crucial to act swiftly and strategically. The informal nature of your support, while noble, can be misinterpreted by authorities. The primary goals are to challenge the illegal freezing of the bank account and to protect both individuals from further harassment by formalizing the situation as much as possible.

Consult with Lawyer: The very basic and important step to start is talk to Cyber Crime Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000. He is helping you in this situation of come out. He is expert in the domain and can help you explain which documents to give to Police and which not. A Good lawyer can get your account unhold amount or bank account in 7-10 Days.

Applicable Sections of Law ⚖️

The situation involves multiple legal aspects, primarily concerning constitutional rights and the procedural safeguards against arbitrary police action.

• The Constitution of India: Article 21 (Right to Life and Personal Liberty) protects against unlawful and arbitrary state action. Article 19(1)(e) guarantees every citizen the right to reside and settle in any part of India. Rohan, as an Indian citizen, cannot be questioned for moving to a new city.
• Juvenile Justice (Care and Protection of Children) Act, 2015: While Rohan is now an adult, the history of his care is relevant. This Act defines the framework for foster care, which should ideally be routed through a Child Welfare Committee (CWC). The informal care provided, while well-intentioned, lacks this legal sanction.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Section 107 of the BNSS (corresponding to Section 102 of the old CrPC) gives police the power to seize property connected to a suspected offence. However, freezing a bank account is a significant step that requires a clear basis and adherence to procedure, including promptly informing a Magistrate. Arbitrarily freezing an account without evidence of a crime is an abuse of power.

If you are the complainant 🙋‍♂️

If you are in Mr. Mehra’s position, here are the steps you should take:

• Consult with Lawyer: The very basic and important step to start is talk to Cyber Crime Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000. He is helping you in this situation of come out. He is expert in the domain and can help you explain which documents to give to Police and which not. A Good lawyer can get your account unhold amount or bank account in 7-10 Days.
• Gather All Documentation: Compile every piece of evidence, including your passport and visa, bank statements showing legal fund transfers, property documents in Rohan’s name, and any records of your long-standing support for him (photos, communication with the NGO, etc.).
• Challenge the Frozen Account: Your lawyer can file a writ petition in the High Court under Article 226 of the Constitution, challenging the illegal and arbitrary action of the police in freezing the bank account. The petition can seek an immediate order to unfreeze the account.
• File a Formal Complaint: You can file a formal complaint against the harassing police officers with a senior officer (like the Superintendent of Police or District Magistrate) and the State Police Complaints Authority, detailing their misconduct and abuse of power.
• Create a Legal Document: To avoid future issues, you can execute a formal Deed of Gift for the property and funds transferred. An affidavit clearly stating your benevolent relationship with Rohan and the purpose of your financial support can also be helpful.

If you are the victim 👦

If you are in Rohan’s position, remember that you have rights as an adult Indian citizen:

• You Have the Right to Remain Silent: You are not obligated to answer questions in a way that incriminates you. You can state that you will only speak in the presence of your lawyer.
• Right to Freedom of Movement: No one can question your right to live in any city in India.
• Right to Receive Gifts: You are legally entitled to receive money and property as gifts from any person, including a foreign national, as long as the transactions are through legal banking channels.
• Document Everything: Keep a record of every interaction with the police, including the officers’ names, the date, time, and what was said. This can be crucial evidence.
• Do Not Be Intimidated: The police’s claims about Mr. Mehra are likely intimidation tactics. Rely on your long-standing relationship and trust, and let the legal process handle the official harassment.

How the police behave in such cases 👮

In cases involving foreigners, significant amounts of money, and locals from vulnerable backgrounds, police can sometimes become suspicious or see an opportunity for leverage. Their behaviour may include:

• Prejudice and Suspicion: They might automatically assume illicit activity (e.g., trafficking, money laundering, or exploitation) without evidence.
• Intimidation and Harassment: Questioning locals separately and making false allegations is a common tactic to create distrust and pressure.
• Overreach of Authority: Actions like freezing a bank account without a proper legal basis or court order are a clear abuse of power, often done to coerce individuals.
• Seeking Informal “Settlements”: The harassment might be a prelude to seeking a bribe to “resolve” the non-existent issue.

FAQs people normally have 🤔

Can a foreigner legally give money and property to an Indian citizen?
Yes. As long as the funds are transferred through legal channels (like bank transfers) and comply with FEMA regulations, a foreigner can legally gift money and property to an Indian citizen. There is nothing illegal about this act of generosity.

Can the police freeze a bank account just like that?
No. Under Section 107 of the BNSS, the police can only freeze an account if they have a credible reason to believe the funds are proceeds of a crime or linked to a specific offence. This action must be reported to a Magistrate. Freezing an account arbitrarily is illegal and can be challenged in court.

How can we prove our relationship is not illegal?
While you cannot retroactively formalize a “foster” relationship now that Rohan is an adult, you can create documents that clarify the present situation. A sworn affidavit from both parties explaining the history and the benevolent nature of the support, along with a formal Deed of Gift for the property, will establish a clear legal record.

What evidence is required? 📄

To build a strong case, you will need:

• Identity and Legal Status: Mr. Mehra’s passport, valid visa, and any other residency documents. Rohan’s Aadhar card and other identity proofs.
• Financial Records: Bank statements from both Mr. Mehra’s foreign account and Rohan’s Indian account, showing the clear trail of funds.
• Property Documents: The sale deed and other registration documents for the property purchased in Rohan’s name.
• Proof of Harassment: Any record of communication with the police. If possible, a written complaint submitted to senior police officials.
• Evidence of Long-Standing Relationship: Old photographs, emails or messages with the NGO, and affidavits from friends or community members who are aware of your long-standing supportive relationship.

How long will the investigation take? ⏳

Challenging the frozen bank account through a writ petition in the High Court can be relatively quick. The court may issue an interim order to unfreeze the account within a few weeks, pending a final hearing. A formal investigation into a complaint against the police officers may take longer, often several months. The priority is to get immediate relief from the High Court to halt the harassment and restore access to the funds so that Rohan’s house and business can be completed.

Advocate Sudhir Rao, Supreme Court of India