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

Mr. Rohan, a young professional from a town in Uttar Pradesh, was shocked to find his bank account completely frozen one morning. His debit and credit cards were blocked, and he couldn’t access his hard-earned savings. Upon contacting his bank, “Apex Bank Ltd.,” he was informed that his account was put on hold due to multiple cybercrime complaints filed against him from different states, including Maharashtra and Karnataka. The bank advised him to contact the investigating officers in those respective states.

Rohan’s attempts to communicate with the police were frustrating. Some officers spoke to him once and then became unresponsive, while others never answered his calls. He discovered that unknown individuals had filed these complaints, falsely implicating his account in fraudulent transactions. Caught in a bureaucratic nightmare spanning multiple jurisdictions, Rohan felt helpless. His financial life came to a standstill, and he felt like he was being punished for a crime he never committed, with no one willing to hear his side of the story.

Advice in such cases

If your bank account has been frozen due to a cybercrime complaint, it can be an incredibly stressful experience. Here are the steps you should consider taking:

• Gather All Documentation: Collect all relevant documents, including your bank statements, KYC documents, and any communication you have had with the bank and the police. This paperwork is crucial for proving your innocence.
• Contact the Bank’s Nodal Officer: Escalate the issue beyond the branch level. Formally write to the bank’s Nodal Officer or grievance redressal cell, explaining the situation and providing evidence that the funds in your account are legitimate.
• Formally Contact the Police: Draft a formal letter or email to the concerned investigating officers in each state. Clearly state your case, attach your identity and bank proofs, and request information about the FIR or complaint number under which the action was taken.
• File a Counter-Complaint: You can file a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in) against the unknown individuals who have falsely implicated you and misused your identity.
• 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

Understanding the legal framework is essential. The key statutes involved are:

• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Section 104 of the BNSS 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. Banks freeze accounts based on notices issued by the police under this section.
• Bharatiya Nyaya Sanhita (BNS), 2023: If you are a victim of false implication, sections related to cheating (Section 318), and identity theft could be relevant for filing a counter-case against the original fraudsters.
• Information Technology Act, 2000: Sections like 66C (punishment for identity theft) and 66D (punishment for cheating by personation by using computer resource) are central to cybercrime cases.
• Writ Petition: If authorities are unresponsive, you can file a writ petition in the High Court under Article 226 of the Constitution of India, seeking a direction to de-freeze your account and for a fair and speedy investigation.

If you are the complainant

If you are the one who has been falsely implicated and wish to file a complaint against the fraudsters who misused your details, here is what you should do:

• Report on the Portal: Immediately file a detailed complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in), explaining how you have been victimized.
• Inform Your Bank: Formally notify your bank that you are a victim of fraud and false implication, so they have it on record.
• File a Police Complaint: Visit your local police station and file a complaint (FIR) for identity theft and defamation against unknown persons. This creates a legal record of 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.

If you are the victim

If your account is frozen, you are the victim of a flawed system, even if the police are acting on a complaint. Your primary goal is to get the account de-frozen.

• Immediate Action: Do not delay. The longer the account remains frozen, the more complicated it can become.
• Approach the Court: The most effective remedy is often to file an application before the jurisdictional Magistrate’s court, seeking the de-freezing of the account. Your lawyer will argue that the freeze is causing undue hardship and that you are willing to cooperate with the investigation.
• Negotiate with the Complainant: In some cases, a lawyer can help identify the original complainant. If it’s a misunderstanding, it can sometimes be resolved by clarifying the facts with them, which may lead them to withdraw their complaint.
• 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

Typically, when a cyber fraud complaint is filed, the police trace the money trail. If any amount, however small, has been credited to your account from a fraudulent source (often without your knowledge, as part of a money-mule network), the police will direct the bank to freeze the entire account. They often act swiftly to prevent the money from being withdrawn. However, due to the sheer volume of cases, inter-state coordination issues, and limited resources, they are often slow to investigate the actual innocence of the account holder. They may not respond to your calls or emails until legally compelled to do so by a court order.

FAQs people normally have

• Can the police freeze my account without an FIR? Yes, the police can request a bank to freeze an account during a preliminary inquiry, even before an FIR is formally registered, based on a complaint received (e.g., via the cybercrime portal).
• Why is my entire account frozen for a small disputed amount? The police usually order a freeze on the entire account and not just the disputed amount. This is a standard, albeit harsh, procedure they follow to secure the “proceeds of crime.”
• What if the complaints are from multiple states? This complicates matters as you may have to deal with police and courts in different jurisdictions. A lawyer can help consolidate the issue or navigate the multi-state legal requirements, often by approaching a High Court for a comprehensive order.

What evidence is required?

To prove your innocence and get your account de-frozen, you will need:

• A complete, certified statement of your bank account.
• Your KYC documents (PAN card, Aadhaar card, etc.).
• Proof of your legitimate source of income (salary slips, business records, ITRs).
• Any correspondence with the bank and police.
• An affidavit stating that you have no connection with the alleged fraudulent transaction and are a victim of circumstance.

How long will the investigation take?

Without legal intervention, an investigation can drag on for months or even years, especially if it involves multiple states. The police are often overworked and may not prioritize your specific case. However, by approaching the appropriate court, the process can be expedited significantly. A court can set a deadline for the police to complete their investigation or order the account to be de-frozen, sometimes on the condition of furnishing a bond or guarantee for the disputed amount.

Advocate Sudhir Rao, Supreme Court of India