One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: If police from another state freeze your bank account in a criminal investigation but you are not an accused, you have legal rights. You can demand a written freezing order, request your statement via video conferencing, and approach the High Court through a writ petition to unfreeze the account. The police cannot indefinitely freeze your account without a proper court order or valid legal procedure.
Rohan Gupta had no idea his life was about to get turned upside down. He lived in Jaipur, working as a freelance software developer. His bank account, held with HDFC Bank in Jaipur, was his only source of income. One morning in late February 2025, he tried to pay his electricity bill online. Transaction failed. He checked his balance — zero. His entire savings account was frozen.
Panicked, he called the bank. They said they'd received an email from the Indore police, Madhya Pradesh, directing a freeze under an NDPS (Narcotic Drugs and Psychotropic Substances) investigation. Rohan was not the accused. He had never even visited Indore. He had no idea why his account was linked to a drug case.
He called the Investigating Officer (IO) in Indore. The IO was firm — Rohan must travel to Indore in person to give a statement. No exceptions. But the IO wouldn't send any written order or court document explaining the freeze. Emails went unanswered. Rohan was stuck — his money was locked, and he couldn't afford the trip without it.
That's when Rohan approached the Chamber of Advocate Sudhir Rao. The office immediately recognized the pattern — an out-of-state police freeze without procedural safeguards. Advocate Sudhir Rao's expertise in handling cross-jurisdictional criminal investigations became crucial. The office drafted a detailed representation to the Superintendent of Police, Indore, and simultaneously filed an application before the jurisdictional High Court in Rajasthan. Within three weeks, the High Court directed the Indore police to either provide a valid freezing order within ten days or release the account. The IO couldn't produce a proper court order. The bank unfroze Rohan's account. He never had to travel to Indore.
Key Facts of the Case
- Rohan Gupta, a Jaipur resident, had his HDFC Bank account frozen by the Indore police, Madhya Pradesh, under an NDPS investigation.
- Rohan was never named as an accused, nor was he arrested or summoned as a witness in the case.
- The freezing was done via an email from the IO to the bank — no court order or written communication was provided to Rohan.
- The IO demanded Rohan travel to Indore to give a statement, without explaining the legal basis for the freeze or the travel requirement.
- Rohan's account remained frozen for over two weeks, affecting his daily livelihood as a freelancer.
- The Chamber of Advocate Sudhir Rao intervened by filing a writ petition before the Rajasthan High Court, citing procedural violations under the BNSS.
- The High Court ruled that without a valid freezing order or judicial approval, the police cannot maintain an indefinite freeze on an account belonging to a non-accused person.
- The account was unfrozen within three weeks, and Rohan's statement was later recorded via video conferencing from Jaipur.
The Direct Legal Answer
Yes, police can freeze a bank account during an investigation under Section 106 BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023) if they believe the account is linked to proceeds of crime. But that power has limits.
Can they freeze my account without a court order?
For an initial period, the police can issue a written direction to the bank. But the law requires the police to inform the Magistrate within a reasonable time and obtain judicial approval. An indefinite freeze without a court order is illegal.
Do I have to travel to another state to give a statement?
No. Under Section 183 BNSS, a person can be examined through video conferencing or by the nearest local police station. If travel causes genuine hardship, you have the right to request an alternative mode.
How do I get my account unfrozen?
The fastest way is to file a writ petition under Article 226 of the Constitution before the High Court having jurisdiction over your bank branch or your residence. The court can direct the police to show cause and, if no valid order exists, order the unfreeze.
Advice in Such Cases
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 to 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.
Demand written documentation from the police immediately. Without a freezing order or court sanction, the freeze is procedurally weak. Send a formal email to the IO and the bank, asking for a copy of the order. Keep a record of all communications.
This type of matter — a cross-jurisdictional police freeze — involves nuanced procedural strategies. A general practitioner may not be fully familiar with how to challenge an out-of-state police action efficiently. Domain-specific experience often leads to faster resolution and better outcomes.
Applicable Sections of Law
- Section 106 BNSS: Empowers police to seize or freeze property believed to be proceeds of crime during an investigation.
- Section 183 BNSS: Allows examination of persons through video conferencing or by the local police station.
- Article 226 of the Constitution: Enables the High Court to issue writs, including directions to unfreeze a bank account illegally detained.
- Section 528 BNSS: Confers inherent powers upon the High Court to quash proceedings or provide relief when there is an abuse of process.
Punishment and Penalties
If the account holder is ultimately found to be involved in the NDPS offence, the penalties under the NDPS Act can include rigorous imprisonment ranging from 10 years to 20 years, depending on the quantity of drugs involved, along with a fine of up to Rs. 2 lakh. However, if the account holder is merely a third party whose account was misused without knowledge, no punishment applies — the account should be released without penalty.
The offence is cognizable and non-bailable. It is non-compoundable.
Jurisdiction — Where to File the Case
For challenging a police freeze on a bank account, the proper forum is the High Court under Article 226. You can file the writ petition either at the High Court where your bank branch is located (pecuniary jurisdiction) or at the High Court where you reside, if the freeze causes you direct injury. For a criminal complaint against the wrongful freeze, you could approach the Magistrate having jurisdiction over the place where the bank account is situated. Jurisdiction matters because filing in the wrong court can delay relief by weeks or months.
What if Police Refuse to File FIR?
If the police refuse to register your complaint about the illegal freeze, here are your options:
- Approach the Superintendent of Police under Section 173(4) BNSS for a direction to register the complaint.
- File a private complaint before the Judicial Magistrate under Section 175(3) BNSS.
- As a last resort, file a writ petition before the High Court under Article 226.
- Keep a written copy of your complaint and the police refusal — it's vital for court proceedings.
Rights of the Accused
If you are mistakenly named as an accused, remember these rights:
- Right to remain silent under Article 20(3) of the Constitution — no one can be compelled to be a witness against themselves.
- Right to legal representation under Article 22 — you can have a lawyer present during any questioning.
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to a copy of the FIR and to know the grounds of arrest.
- Right to seek bail under Section 480 BNSS if the offence is bailable.
Bail Provisions
NDPS offences are predominantly non-bailable. However, if you are merely a suspected account holder and not directly involved in drug trafficking, you may still apply for regular bail under Section 480 BNSS or anticipatory bail under Section 482 BNSS. The court will consider factors like the gravity of the offence, the nature of evidence, and whether you are likely to flee or tamper with evidence. A specialised advocate can craft a strong bail argument by showing no direct link between you and the contraband.
Quashing of FIR / Case
If you are named in an FIR solely because your account was used by someone else without your knowledge, quashing the FIR is an option. Under Section 528 BNSS (inherent powers of the High Court), you can seek quashing on grounds like:
- No prima facie offence is made out.
- The FIR is an abuse of process of law.
- The complaint is frivolous or malicious.
- There is a complete lack of evidence linking you to the crime.
Quashing is a viable strategy when the freeze is arbitrary and you are clearly not involved.
If You Are the Victim
- Immediately send a written notice to your bank demanding a copy of the freezing order or communication from the police.
- Do not delete any bank transaction records or emails — they are evidence of the wrongful freeze.
- File a formal complaint at your local police station about the harassment and loss of livelihood.
- Consult a lawyer who handles criminal and banking matters to evaluate your options for a writ petition.
- Consider filing a representation before the Magistrate with jurisdiction over the freezing officer's station.
Documents You Must Keep Ready
- Identity proof — Aadhaar, PAN card, voter ID.
- Bank account statements showing the freeze date and the amount frozen.
- All email and written communication with the police and the bank.
- Any evidence of income loss due to the freeze (e.g., unpaid invoices, declined transactions).
- Certified copy of the FIR (if you are named as an accused).
- Copy of the freezing order, if obtained from the bank or police.
- Any witness statements or third-party communications that show you are not involved in the case.
- Proof of residence — to establish jurisdiction for the writ petition.
What Evidence Is Required?
- Primary evidence: Bank freezing order, court order (if any), FIR copy, and your bank account statements.
- Oral evidence: Your own sworn affidavit detailing the sequence of events and the hardship caused.
- Documentary evidence: Emails, call recordings (if legally obtained), and notices sent to the police.
- Circumstantial evidence: Proof that you are not the accused — for example, you were not named in the FIR.
- Expert evidence (if needed): A chartered accountant's report showing funds in your account are legitimate and not proceeds of crime.
- Supporting evidence: Any communication from the bank confirming the freeze was based solely on a police email without a court order.
How the Police Behave in Such Cases
In cross-state investigations, police often act aggressively. They may demand your physical presence to exert pressure and gain leverage. The IO may not follow due process, relying on a mere email to freeze accounts. They might refuse to provide written orders, knowing that a proper court order would require judicial scrutiny. The key is to not panic. Remain calm, document everything, and let your lawyer handle the procedural battle. The police's attitude often softens once a writ petition is filed.
Timeline of Legal Process
- Week 1: You demand written order from police and bank. Lawyer files representation before SP.
- Week 2-3: If no response, lawyer files writ petition before the High Court under Article 226.
- Week 3-4: Court issues notice to police and bank. They must respond within 7-10 days.
- Week 4-6: Court hearing. If police lack valid order, court directs unfreeze within a specified period.
- Week 6-8: Bank complies with court order and unfreezes account. Your statement is recorded via VC or local police.
- If case goes to trial: Investigation can take 6-12 months. Trial, if you are accused, can extend 1-2 years.
How Long Will the Investigation Take?
Investigation in an NDPS case can take anywhere from 3 to 12 months, depending on the complexity and number of accused. For a third-party account holder like Rohan, the investigation is often shorter — once it's established you are not involved, the focus shifts to the actual accused. But if the police don't act, a court direction speeds things up significantly.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes, in some cases. If the police realise the freeze was an error, they may voluntarily issue a letter to the bank to unfreeze the account. Settlement is also possible through mediation under Section 89 CPC, but this is rare in criminal matters. For NDPS cases, the offence is non-compoundable, meaning a compromise between parties cannot discharge the criminal liability. However, for a third party like a mistaken account holder, the best settlement is often a formal withdrawal of the freeze by the investigating agency. Your lawyer can negotiate this directly with the IO or through the court.
Common Mistakes People Make
- Ignoring the freeze and hoping it resolves itself: Delay gives the police more time to strengthen their case. Act immediately.
- Agreeing to travel to another state without legal advice: This can be used to pressure you into making incriminating statements. Insist on VC or local recording.
- Arguing with the IO on phone or email without a lawyer present: Everything you say can be used against you. Lawyer up first.
- Not keeping copies of all communications: You need a paper trail to prove harassment and lack of due process.
- Reacting emotionally and deleting bank records or transaction history: Those records may prove the source of your funds and your innocence.
- Engaging an advocate who does not regularly handle cross-jurisdictional criminal cases: This type of matter requires knowledge of High Court writ jurisdiction, BNSS procedure, and the NDPS Act. A general practitioner may miss critical procedural steps, weakening your case and delaying relief.
FAQs People Normally Have
Can the police freeze my entire savings account without a court order?
Initially, yes, under Section 106 BNSS — but it must be followed by prompt judicial approval. Without a Magistrate's order, the freeze is temporary and can be challenged.
Do I have to pay the police to get my account unfrozen?
No. There is no legal fee payable to the police for unfreezing an account. If anyone demands money, it may be grounds for a complaint of corruption. Only court fees and lawyer's fees are legitimate costs.
What if I am not an accused but my account was used by someone else?
You may still be examined as a witness. But you cannot be held criminally liable simply because your account was used without your knowledge. Your lawyer can file a representation showing you had no connection to the crime.
How long can the police keep my account frozen?
There is no fixed statutory period, but the freeze must be reviewed by the Magistrate. If no chargesheet is filed within 60-90 days, you can apply to the court for release of the account.
Can I get compensation for the loss caused by the wrongful freeze?
Yes, in some cases. If the freeze was malicious or without any basis, you can claim compensation in a writ petition under Article 226. The court may award damages for loss of livelihood and mental agony.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.