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: A cyber crime lien on your bank account can lawfully remain during an ongoing investigation, but it cannot continue indefinitely without any progress, communication, or justification. If the investigating officers are not responding, you can send a written representation to their superiors, file a complaint on CPGRAMS, or approach the High Court seeking directions for release of funds. A lawyer with domain-specific experience can significantly speed up this process.
A client from Jaipur, let's call him Rohan Gupta, approached the Chamber of Advocate Sudhir Rao after his bank account with HDFC Bank had a lien of ₹24,286 placed on it. The lien was based on instructions from the Cyber Crime department regarding payouts he received from an online gaming platform. The last lien was marked in late February 2025, and by early September 2025, there was still no resolution.
Rohan had visited the Cyber Crime office in Jaipur. They gave him details of the investigating officers and police stations handling each complaint. But none of the phone numbers were answered. Emails went unreplied. No notice, summons, or FIR copy ever reached him. HDFC Bank said they couldn't remove the lien and suggested he consult a lawyer.
The office of Advocate Sudhir Rao took up the case. The specialised approach — involving a detailed written representation to the supervisory officers, a CPGRAMS complaint, and follow-up — led to a positive outcome. Advocate Sudhir Rao's deep familiarity with cyber lien procedures and the MHA SOP helped secure the order in favour of the client. The lien was eventually removed, and the funds were released.
Key Facts of the Case
- The lien of ₹24,286 was placed by HDFC Bank based on instructions from the Cyber Crime department, Jaipur.
- The lien consisted of 6 separate transactions, all payouts from an online gaming platform.
- The last lien was marked in late February 2025.
- Despite repeated efforts — visits, calls, emails — no communication was received from any police authority.
- No FIR copy, summons, or notice was ever served on the client.
- HDFC Bank refused to remove the lien, advising the client to consult a lawyer.
- The office of Advocate Sudhir Rao sent a written representation to the supervisory officers and filed a CPGRAMS complaint.
- The matter was resolved within weeks of the specialised approach, with the lien being lifted and funds released.
The Direct Legal Answer
Is it legal for police to keep funds under lien for more than six months without communication?
No, it is not lawful for the police to keep funds under lien indefinitely without any progress in the investigation or communication with the account holder. While a lien can continue during an ongoing investigation, it cannot remain static for six months or more with no justification. The investigating officer is expected to either file a chargesheet or closure report within a reasonable period. If the investigation is not progressing, the lien may become arbitrary.
What is the next legal step if investigating officers are unresponsive?
The first step is to send a detailed written representation to the investigating officer and his superior (SP or DCP of the Cyber Crime cell). Keep proof of delivery. If there is still no response, file a complaint on the CPGRAMS portal against both the bank and the concerned police. You can also approach the jurisdictional High Court through a writ petition seeking directions to the authorities to consider your representation and, if warranted, release the liened amount.
Should I hire a lawyer to send legal notices?
Yes, absolutely. A lawyer can draft a proper representation, identify the correct authorities, and use the right legal language. Sending a legal notice from an advocate's office carries more weight than a personal email. And a lawyer with experience in cyber crime matters can navigate the procedural nuances that a general practitioner might miss.
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.
Second, do not rely solely on phone calls or emails. Send a written representation by registered post or speed post to the investigating officer and copy it to his superior officer. Keep all proofs of delivery.
Third, use the CPGRAMS portal to file a grievance against the police for inaction. This is a centralised public grievance system and is taken seriously by higher authorities.
This type of matter — cyber crime liens and frozen accounts — requires advocates who regularly handle cyber law and banking disputes. The procedural nuances, the MHA SOP, and the correct forum for relief are things a general practitioner may not be fully familiar with. Domain-specific experience often leads to faster and better outcomes.
Applicable Sections of Law
- Section 111(1) BNSS: Power of police officer to seize property under suspicion of being stolen or used in commission of offence — this is the basis for the lien.
- Section 106 BNSS: Procedure for investigation — investigation must be completed within a reasonable period.
- Section 115 BNSS: Procedure for release of seized property where investigation is not progressing or the property is not required for evidence.
- Article 226 of the Constitution of India: High Court's writ jurisdiction to direct authorities to act according to law, including release of funds when investigation is stagnant.
Punishment and Penalties
- Under the relevant provisions of the Bharatiya Nyaya Sanhita, 2023 (such as those relating to cheating or computer-related offences), the punishment can range from simple imprisonment to up to 3-7 years, depending on the specific offence.
- Fines are also imposed, varying based on the amount involved and the nature of the fraud.
- These offences are generally cognizable and non-bailable.
- They are ordinarily non-compoundable, meaning the matter cannot simply be settled between parties.
Jurisdiction — Where to File the Case
For a writ petition seeking directions to authorities, the jurisdiction lies with the High Court of the state where the police station or Cyber Crime cell is located. For a complaint before a Magistrate, it would be the Magistrate with territorial jurisdiction over the police station where the FIR or complaint is registered. Jurisdiction matters because filing in the wrong court will result in delay and dismissal on technical grounds.
What if Police Refuse to File FIR?
- Approach the Superintendent of Police (SP) under Section 173(4) BNSS and file a written complaint.
- If still no action, file a private complaint before the Judicial Magistrate under Section 175(3) BNSS.
- The Magistrate can order the police to register an FIR and investigate.
- As a last resort, a writ petition before the High Court under Article 226 can compel the police to act.
Rights of the Accused
- Article 20(3) — Right against self-incrimination: no person can be compelled to be a witness against themselves.
- Article 22 — Right to be informed of grounds of arrest and to consult and be defended by a legal practitioner.
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to a copy of the FIR promptly.
- Right to seek bail under BNSS provisions if arrested.
Bail Provisions
- Cyber crime offences under BNS are generally non-bailable, meaning bail is not a matter of right.
- Anticipatory bail can be sought under Section 482 BNSS if the person apprehends arrest.
- Regular bail under Sections 480 or 483 BNSS can be applied for after arrest.
- Bail conditions typically include surrendering passport, appearing before the investigating officer, and not tampering with evidence.
- A lawyer experienced in bail matters can assess the strength of the case and prepare the right strategy.
Quashing of FIR / Case
- Under Section 528 BNSS, the High Court has inherent powers to quash an FIR or criminal proceedings.
- Common grounds for quashing: no prima facie offence, abuse of process of court, compromise in a compoundable offence, or lack of any criminal intent.
- Quashing is a viable strategy when the allegations are baseless or the transaction is civil in nature.
- It is a remedy that requires strong legal grounds and is not easily granted.
If You Are the Victim
- Do not panic. A lien does not mean you have committed an offence — it is a precautionary measure during investigation.
- Collect all documents proving the legitimacy of the transactions — withdrawal records, gaming platform IDs, bank statements.
- Send a written representation to the investigating officer and his superior with all proofs.
- File a grievance on the CPGRAMS portal against the bank and the police for inaction.
- Consult a lawyer who handles cyber crime matters — don't let the police or bank ignore you.
Documents You Must Keep Ready
- Identity proof (Aadhaar, PAN card).
- Bank account statement showing the lien and transactions.
- Proof of communication with the bank and police (emails, letters, call logs).
- Gaming platform account details and transaction history.
- Copy of any complaint filed on NCRP or CPGRAMS.
- Written representation sent to the police with proof of delivery.
- Any notice, summons, or FIR copy if received.
What Evidence Is Required?
- Primary evidence: Bank account statements, transaction screenshots, gaming platform withdrawal records.
- Documentary evidence: All emails, letters, and proof of delivery sent to authorities.
- Witness evidence: Affidavit from the account holder explaining the nature of transactions.
- Electronic evidence: Screenshots, URL links, and any digital communication with the bank or police.
- Forensic evidence: If necessary, a forensic report of the digital records to prove legitimacy.
- Secondary evidence: Certified copies of bank records if originals are not available.
How the Police Behave in Such Cases
Typical police response in cyber crime cases involving gaming platforms is slow. They often do not call the account holder, do not update the status, and refuse to remove liens even when the account holder is clearly an innocent beneficiary. The standard attitude is to wait for the investigation to close before acting. That's why proactive legal follow-up is critical. A lawyer's involvement often changes this dynamic — police take formal legal representations more seriously than individual complaints.
Timeline of Legal Process
- Step 1 — Written representation to IO and superior officer: 1-2 weeks.
- Step 2 — CPGRAMS complaint: processing takes 1-2 weeks.
- Step 3 — If no response, file writ petition in High Court: 2-4 weeks for filing and first hearing.
- Step 4 — Court may direct the police to respond or release funds: 4-8 weeks.
- Step 5 — If investigation is ongoing, court may direct completion within a set time: 2-4 months.
- Step 6 — If chargesheet is filed, the trial process begins; if no offence is made out, court may discharge or quash the case.
How Long Will the Investigation Take?
Realistically, a cyber crime investigation for a small amount like ₹24,286 may take 3-6 months. But if the police are unresponsive, it can stretch indefinitely. That's why legal intervention — through representations or court orders — is essential to either speed up the investigation or get the funds released.
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?
In a criminal case like this, the offence is generally non-compoundable, meaning it cannot be simply settled between the victim and the accused. But if the investigation reveals that the account holder is an innocent beneficiary with no criminal intent, the police may file a closure report and the matter ends without trial. Mediation or Lok Adalat is not typically available for criminal matters of this nature. However, if the police themselves recommend closure, the court will accept it.
Common Mistakes People Make
- Waiting too long before taking legal action — time works against you.
- Relying only on phone calls and emails without written proof — police can ignore them.
- Not keeping copies of all communications — you may need them in court.
- Engaging an advocate who does not regularly handle cyber crime or banking lien matters — domain-specific experience matters for procedural strategy, evidence handling, and court approach.
- Posting about the case on social media — it can be used against you later.
- Not reading the terms of the gaming platform — some platforms have built-in dispute resolution mechanisms.
FAQs People Normally Have
Can the bank remove the lien on its own?
No. The bank follows police instructions. Once a lien is placed, only the investigating officer or a court can order its removal. The bank cannot act on its own.
Will I be arrested if I approach the police?
Not necessarily. If you are an innocent beneficiary and the transactions are legitimate, the police are more likely to focus on the actual perpetrators. However, it is always wise to consult a lawyer before approaching the police.
How do I prove I am an innocent beneficiary?
Collect all records showing you received payments from a legitimate gaming platform, not from unknown individuals. Show that you did not cheat or defraud anyone. An affidavit explaining the transactions can help.
What if the police never respond to my representation?
File a written complaint with the SP or DCP of the Cyber Crime cell. If that also fails, approach the High Court through a writ petition. The court can direct the police to respond within a fixed timeframe.
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 criminal advocate in Delhi — 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.