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

Mr. Rohan found himself in a perplexing situation when his account with Aarav Small Finance Bank was put on a debit freeze. It has been over a year, and he is unable to access the funds, which amount to a nominal sum of approximately ₹500. This was not his primary bank account. Upon inquiring with the bank, he was informed that the freeze was initiated based on a notice from the Cyber Crime Cell. The bank provided him with the contact details of the Vidhyadhar Nagar Police Station in Jaipur, which is handling the case. The frozen amount was received by Mr. Rohan for completing a simple online task involving reviews on a social media application. He is now contemplating whether it is worth the effort to resolve the issue for such a small amount or if he should just let it be.

Advice in such cases

When your bank account is frozen by the Cyber Cell, it is usually because your account has been linked to a transaction that is part of a larger investigation into a cybercrime complaint. Even for a small amount, ignoring the issue is not advisable as it can lead to further legal complications.

• Do Not Ignore It: Even if the amount is small, a frozen account indicates you are linked to a police investigation. Ignoring it could be misinterpreted as guilt or non-cooperation and may lead to more serious legal notices or actions.
• Contact the Bank: Your first step should be to get a written statement from the bank detailing the reason for the freeze. Ask for a copy of the notice they received from the police, mentioning the crime number and the investigating police station.
• Approach the Police: Contact the concerned Cyber Crime Police Station. Provide them with your account details and ask for information about the complaint based on which your account was frozen.
• Prepare Your Explanation: Gather all evidence related to the transaction in question. This could include screenshots of the online task, communication with the entity that paid you, and your bank statements. Be prepared to explain the legitimacy of the funds you received.
• File an Application: You may need to file a formal application with the investigating officer (IO) or a senior police official, explaining your side of the story and providing evidence to prove your innocence.
• 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 in such cases is primarily governed by the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

• Section 104 of the 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’ in this context, and the police can direct the bank to freeze it during an investigation.
• Sections under Bharatiya Nyaya Sanhita, 2023 (BNS): The underlying complaint could be registered under various sections of the BNS, such as Section 318 for cheating, or other provisions related to cybercrimes, depending on the nature of the original complaint.

If you are the complainant

If you are the person who filed the complaint that led to the account freeze, your role is to cooperate with the police investigation.

• Provide Evidence: Furnish the police with all necessary evidence, such as transaction details, screenshots of chats, and any other communication with the accused.
• Follow Up: Regularly follow up with the investigating officer on the progress of your case.
• 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 the victim whose account has been frozen (often referred to as an accused or suspect in the police report), you need to act proactively to clear your name and unfreeze your account.

• Gather Information: Obtain the FIR number or complaint number and the name of the Investigating Officer from the bank or the police station.
• Submit a Representation: Write a detailed representation to the police, explaining that you are an innocent party. Attach all supporting documents, such as your KYC documents, bank statements, and proof of the legitimacy of the transaction.
• Cooperate Fully: Be prepared to visit the police station to record your statement if required. Full cooperation can expedite the process.
• Legal Recourse: If the police are unresponsive, you can approach the Magistrate’s court by filing an application to de-freeze your account. The court can direct the police to either complete their investigation in a timely manner or to unfreeze the account if no wrongdoing is found on your part.
• 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 act on the complaint of a person who has been a victim of a cybercrime. When a complainant reports a fraudulent transaction, the police trace the money trail. Any account to which the money is transferred is flagged. The police then issue a notice under Section 104 of the BNSS to the respective bank to freeze the account to prevent the funds from being withdrawn. Often, your account might be just one link in a long chain of transactions. Due to the high volume of cybercrime cases, the police may be slow to investigate each individual account in the chain. They prioritize recovering the complainant’s funds. Therefore, the account holder often needs to be proactive in approaching the police to prove their innocence.

FAQs people normally have

What evidence is required?

To prove your innocence and get your account de-frozen, you should gather the following evidence:

• A copy of the notice or email from the bank regarding the account freeze.
• Your bank account statement showing the credit transaction in question and other regular transactions.
• Your KYC documents (Aadhaar Card, PAN Card) linked to the bank account.
• Any communication (chats, emails, messages) related to the transaction. For example, if you received money for an online task, provide screenshots of the work assigned and the payment confirmation.
• A written statement explaining your relationship with the sender of the money and the purpose of the transaction.

How long will the investigation take?

There is no fixed timeline for the investigation. It can range from a few weeks to several months, or even longer. The duration depends on several factors, including the complexity of the case, the workload of the investigating police station, the number of accounts involved in the money trail, and your proactiveness in providing evidence and cooperating with the authorities. Engaging a lawyer can often help in expediting the process through proper legal channels.

Advocate Sudhir Rao, Supreme Court of India