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: You have received a notice from Bhopal police regarding a 2022 cyber crime case where your bank account was used for suspicious transactions. Do not panic. You must engage a local lawyer immediately to seek an online hearing, as personal appearance in Bhopal from Kerala may be avoided. The case involves potential money laundering allegations, and a domain-experienced advocate can help explain your innocence and secure bail or a no-coercion order.
Arun Nair, a 32-year-old software professional from Thiruvananthapuram, was shocked when he received a notice from the Bhopal Cyber Crime Police in early February 2025. The notice was in connection with an investigation from 2022 involving alleged money laundering. Years earlier, Arun had shared his bank account details with a close friend, Rajesh Menon. Unbeknownst to Arun, Rajesh used the account to route large, suspicious transactions — transactions totaling over Rs. 12 lakhs — without Arun's knowledge or consent. The account was frozen by the bank soon after. The Bhopal police, investigating a broader cyber fraud network, traced the transactions to Arun's account and summoned him for a personal enquiry. Terrified and unable to speak Hindi, Arun felt trapped. His initial efforts to explain the situation over the phone with the investigating officer went nowhere. That's when he approached the Chamber of Advocate Sudhir Rao. Advocate Sudhir Rao and his office evaluated the case and noted that Arun was a victim of his friend's misuse, not a participant. They immediately filed a representation with the Bhopal police requesting an online hearing under BNSS provisions and also preemptively filed an anticipatory bail application. The specialised handling of this cyber-adjacent money laundering matter secured a favourable order: Arun was granted interim protection and the police agreed to record his statement on video conference. He did not have to travel to Bhopal.
Key Facts of the Case
- Arun Nair (name changed) received a notice from Bhopal Cyber Crime Police in February 2025 regarding a 2022 investigation.
- He had voluntarily shared his bank account details with a friend for a legitimate purpose; the friend misused it.
- The account was used for suspicious transactions totaling over Rs. 12 lakhs linked to a money laundering probe.
- Arun did not know Hindi, the primary language of enquiry in Bhopal, creating a genuine communication hurdle.
- No prior criminal record existed for Arun; the case arose solely from the misuse of his account.
- The investigating officer initially refused an online hearing and insisted on personal appearance.
- Advocate Sudhir Rao's office secured an anticipatory bail order and got the police to agree to a video-conference statement.
The Direct Legal Answer
What should I do if I receive a cyber crime notice from a city far from my home?
First, do not ignore the notice. Ignoring it can lead to a warrant of arrest or a proclamation under BNSS. Engage a lawyer near you immediately. Your lawyer can file a request for an online hearing under the principles of convenience and justice. The police can record your statement via video conference in cases where personal appearance is genuinely difficult — distance, language barriers, or health issues. This is a common and accepted practice now.
Can I be arrested simply because my account was used by someone else?
Not automatically. The police must show that you had knowledge, consent, or involvement in the laundering activity. If your account was misused without your consent, you are a witness, not an accused. However, procedural mistakes — like ignoring the notice or giving contradictory statements — can turn you into an accused. That's why you need legal guidance from the outset.
What if I don't know Hindi and the enquiry is in Hindi?
You have a right to a translator or an interpreter. The Constitution of India guarantees a fair trial, which includes understanding the proceedings. If the police insist on Hindi, you can request an interpreter. In practice, getting a local lawyer from Bhopal (or engaging a lawyer from your state who can coordinate) solves this problem. The investigating officer is also empowered to conduct the enquiry in a language you understand, or use a translator.
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, gather all evidence showing that the account was misused without your consent. Bank statements, your complaint to the bank, and any communication with the friend who used the account are critical. Third, do not speak to the police without your lawyer present — anything you say can be used against you. Matters like these involve complex money laundering allegations (often linked to the Prevention of Money Laundering Act or PMLA) and procedural nuances around bail and investigation. A general practitioner may not be fully familiar with the specific strategies needed for such cases. Engaging an advocate who regularly handles cyber-financial offences can significantly improve your outcome.
Applicable Sections of Law
This case falls primarily under criminal law. Key sections include:
- Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023 — criminal breach of trust by a friend or relative, which may apply to the friend who misused the account.
- Section 61(2) of the BNS — criminal conspiracy, if the friend acted with others.
- Section 140 of the BNS — harbouring offender, if the account holder is alleged to have facilitated the crime knowingly.
- Section 3 of the Prevention of Money Laundering Act (PMLA), 2002 — the substantive offence of money laundering, which may be invoked in larger investigations.
- Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — anticipatory bail, which was sought in this case.
Punishment and Penalties
Under Section 61 (criminal conspiracy) of BNS, the punishment can range from imprisonment for up to life depending on the underlying offence, or up to 6 months for a simple conspiracy. Under Section 3 of PMLA, money laundering is punishable with rigorous imprisonment for a term of not less than 3 years but which may extend up to 7 years (and fine). The offence under PMLA is cognizable and non-bailable. For the fraudulent misuse of an account without the account holder's knowledge, lesser offences under BNS may apply, which are bailable and compoundable in some cases. The exact punishment depends on the specific charge framed by the police.
Jurisdiction — Where to File the Case
The territorial jurisdiction lies with the police station where the crime was reported — in this case, the Bhopal Cyber Crime Police Station (in Madhya Pradesh). The funds were routed through a bank account held in Kerala, but the investigation originated in Bhopal. Under Section 175 of BNSS, any police officer can investigate a cognizable offence regardless of where it occurred. For filing a private complaint or an anticipatory bail application, the appropriate forum is the Sessions Court in Bhopal (or the local Sessions Court where the applicant resides, if supported by the Supreme Court's guidelines on pan-India FIRs). Jurisdiction matters because the accused must face the court where the cause of action arose, but modern IT tools like video conferencing can reduce the burden.
What if Police Refuse to File FIR?
In this case, the victim was already a suspect. However, if you are the victim of account misuse and the police refuse to register an FIR against the actual offender, here are your options:
- Approach the Superintendent of Police (SP) under Section 173(4) of BNSS with a written complaint and seek a direction to register an FIR.
- If the SP does not act, file a private complaint before the Judicial Magistrate under Section 175(3) of BNSS.
- Alternatively, file a writ petition before the High Court under Article 226 of the Constitution to compel the registration of an FIR.
Rights of the Accused
If you are called as a suspect or accused in this enquiry, you have specific constitutional and statutory rights:
- Right to remain silent — Article 20(3) of the Constitution protects you from being compelled to be a witness against yourself. You do not have to answer questions that may incriminate you.
- Right to legal representation — Article 22 guarantees you the right to consult and be defended by a lawyer of your choice. Insist on this right before any questioning.
- Right to be produced before a Magistrate within 24 hours — if arrested, you must be produced before the nearest Magistrate within 24 hours, excluding travel time.
- Right to know the grounds of arrest — you must be informed of the grounds of your arrest at the time of arrest, in a language you understand.
- Right to a copy of the FIR — you are entitled to a free copy of the FIR that names you as a suspect.
Bail Provisions
If the police decide to arrest you, the nature of bail depends on the offence alleged. Under PMLA, the offence is non-bailable, meaning bail is not a matter of right. However, for the BNS offences (like criminal breach of trust or cheating), the offence may be bailable. You can apply for:
- Anticipatory bail under Section 482 BNSS — filed before arrest if you apprehend arrest. The court may grant protection on conditions like joining investigation.
- Regular bail under Section 480/483 BNSS — filed after arrest. The court considers the nature of the offence, evidence, and flight risk.
- Bail strategy should focus on demonstrating lack of criminal intent, cooperation with the investigation, and the fact that the account was misused without your knowledge.
Quashing of FIR / Case
If the FIR is filed against you without sufficient evidence — for example, if you can prove you were a victim of misuse — you can file a petition under Section 528 of BNSS before the High Court seeking quashing of the FIR. Grounds for quashing include:
- The FIR does not disclose any prima facie offence against you.
- The allegations are based on a misunderstanding or a personal vendetta.
- The dispute is essentially civil in nature with no criminal intent.
- In compoundable offences, if a compromise is reached with the victim.
Quashing is a viable strategy only when the investigation itself is an abuse of process. It is not a shortcut to avoid a legitimate probe.
If You Are the Victim
If you have been the victim of account misuse or cyber fraud, act decisively:
- Immediately report the incident to the cyber crime portal (cybercrime.gov.in) or the local police.
- Lodge a complaint with your bank to freeze the account and reverse suspicious transactions.
- Preserve all digital evidence — screenshots, messages, transaction records.
- Do not delete any communication with the person who misused your account.
- Consult a lawyer before speaking to the police, as you may inadvertently become a suspect.
Documents You Must Keep Ready
- Identity proof: Aadhaar card, PAN card, Voter ID
- Bank statement showing the suspicious transactions and the freeze order
- Copy of the notice received from the police
- All communications (WhatsApp, SMS, email) with the person who used your account
- Any complaint you filed with the bank or police earlier
- Your employment or residence proof to establish your location
- Medical records if you have any health issues preventing travel
What Evidence Is Required?
- Primary evidence: Your own account statement, the notice, and any admissions or statements from the person who misused the account.
- Digital evidence: Call logs, chat records, and email exchanges showing the friend's requests and your lack of knowledge.
- Bank records: The freeze order and any correspondence with the bank's fraud department.
- Witness testimony: If anyone else knew about the misuse (e.g., your spouse, colleague), their statements.
- Forensic evidence: The police may seize your phone and laptop; do not tamper with them.
- Character evidence: Your clean criminal record and good standing in the community.
- Secondary evidence like certified copies of bank records if originals are not available.
How the Police Behave in Such Cases
Cyber crime police in India increasingly treat these cases seriously due to the financial angle. Initially, you may be treated as a suspect simply because your account was used. They may press you to admit knowledge or involvement. However, if you present proof of misuse without consent and cooperate respectfully, the attitude can shift. The police have the power to arrest without a warrant for cognizable offences like money laundering. In practice, they often issue a notice and give you a chance to explain before arresting, especially if you are a first-time suspect. Do not be rude or evasive, but also do not answer without a lawyer present.
Timeline of Legal Process
- FIR registration/Notice issuance: Immediate to 2 months after the investigation begins.
- Summons and enquiry: Usually 1-3 months after notice. Video conference may expedite this.
- Arrest (if any): Could happen during enquiry if statements are unsatisfactory.
- Bail application: Anticipatory bail can be filed within days. Regular bail takes 7-30 days.
- Chargesheet: Filed within 60-90 days from arrest (for offences punishable with up to 7 years). Without arrest, the timeline is longer.
- Trial: If chargesheeted, trial can take 6 months to 2 years depending on complexity and court backlog.
- Appeal: After conviction, appeal to Sessions Court or High Court within 90 days.
How Long Will the Investigation Take?
The police have a statutory limit of 60 days for filing a chargesheet in cases involving offences punishable with up to 7 years of imprisonment. For money laundering cases under PMLA, the investigation can extend to 90 days. If no chargesheet is filed within this period, the accused is entitled to default bail under Section 487 BNSS. The investigation itself, from notice to chargesheet, typically takes 3 to 6 months for straightforward cases like this.
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?
For criminal cases arising from fraud or cheating, out-of-court settlement is possible only if the offence is compoundable. Under BNS, certain offences under Section 318 (criminal breach of trust) may be compoundable with the permission of the court. However, money laundering under PMLA is not compoundable — the state is the prosecuting party. In this case, if the investigation shows you were a victim, the police may simply close the case or issue a clean chit without filing a chargesheet. Mediation is not applicable in criminal investigations. Settlement with the actual offender (your friend) is a separate civil matter for recovery of losses.
Common Mistakes People Make
- Ignoring the notice: The worst mistake. You risk a warrant of arrest and your bank account remaining frozen indefinitely.
- Speaking to the police without a lawyer: Anything you say can be twisted or used to build a case against you. Always have legal representation.
- Destroying evidence: Deleting chats, call logs, or bank statements out of fear. This can be interpreted as guilt and obstruct the investigation.
- Engaging a lawyer without domain experience: Cyber crime and money laundering cases involve specific procedural rules under BNSS and PMLA. A lawyer who does not regularly handle such cases may miss critical deadlines (like the 60-day bail window) or fail to apply for anticipatory bail at the right time. Domain-specific experience affects procedural strategy, evidence handling, and ultimately the outcome.
- Posting about the case on social media: Public statements can be used by the police or the actual offender's lawyer. Stay quiet.
- Approaching the opposite party (the friend) without advice: He may be the accused or a co-conspirator. Do not try to sort things out personally.
FAQs People Normally Have
Q: Can the police arrest me if I cooperate and explain everything?
A: Yes, arrest is possible even if you cooperate, especially if the investigation suspects your involvement or you cannot provide solid proof of your innocence. That's why anticipatory bail is recommended early.
Q: Will my bank account remain frozen forever?
A: No. Once the investigation clears you or gives you a clean chit, the freeze can be lifted. You may need to approach the investigating officer or the court for an order. This usually takes 2-4 months.
Q: Can I get a lawyer from Kerala to appear for me in Bhopal?
A: You can engage a lawyer from Bhopal directly, or your local lawyer can coordinate with a Bhopal-based advocate. For online hearings, your Kerala lawyer can argue from your side via video link. For physical appearances, you will need a local lawyer in Bhopal.
Q: What if the actual offender (my friend) confesses that I knew nothing?
A: His statement alone is not sufficient. The police will verify his claim. If his confession is corroborated by your bank statements and timeline, it strengthens your case significantly.
Q: Is this a criminal record that will affect my job or visa applications?
A: Only if a chargesheet is filed and you are convicted. If you are exonerated or given a clean chit, there is no criminal record. However, any FIR against you (even if later quashed) may appear in background checks until it is formally closed or quashed.
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 lawyer 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.