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.

Mr.X approached me when his ABC Bank account was frozen following a cyber complaint filed by Mr.Y for a UPI transaction of Rs. 1,300. After resolution, Mr.Y officially withdrew the complaint through the cybercrime portal in City A. However, the police continued to keep Mr.X’s account frozen and demanded Rs. 7,500 to unfreeze it. Mr.X was confused about whether this was a legitimate procedure or corruption. The bank cited police instructions for maintaining the freeze despite the complaint withdrawal. This created financial hardship for Mr.X who needed access to his salary account. The police claimed the amount was for “processing fees” and “investigation costs,” which raised immediate red flags about potential corruption.

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.

• Never pay unofficial amounts to police officers as this constitutes bribery and corruption
• Document all communications with police and maintain records of the complaint withdrawal
• Contact the bank’s nodal officer to understand the exact freezing order and its current status

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), several provisions apply to this situation:

• Section 61 BNS deals with criminal breach of trust by public servants demanding illegal gratification
• Section 287 BNS covers public servants taking gratification other than legal remuneration
• Section 288 BNS addresses taking gratification to influence public servants
• Section 106 BNSS provides procedures for attachment and release of attached property
• Banking Regulation Act provisions regarding account freezing procedures must also be followed properly

If You Are the Complainant

• Submit written confirmation of complaint withdrawal to the investigating officer and bank
• Obtain acknowledgment receipt of your withdrawal application from cybercrime portal
• Coordinate with the accused person to ensure smooth unfreezing process
• Follow up with police station to confirm case closure formalities
• Provide written undertaking that the matter has been resolved amicably if required

If You Are the Victim

• File written application to Station House Officer requesting immediate account unfreezing citing complaint withdrawal
• Submit copies of complaint withdrawal confirmation and settlement documents
• Approach bank management with police clearance letter once obtained
• If police demand money, immediately report to Anti-Corruption Bureau or senior police officials
• Consider filing RTI application to understand the legal procedure for unfreezing accounts

How the Police Behave in Such Cases

Police typically follow standard operating procedures for cyber crime cases involving frozen accounts. However, some officers may exploit the situation by demanding unofficial payments. Legitimate unfreezing requires proper documentation and clearance letters, not cash payments. Officers should provide clear timelines and requirements without seeking gratification. Any demand for money beyond official fees should be immediately questioned and reported to higher authorities.

FAQs People Normally Have

Q: Is it legal for police to demand money for unfreezing accounts?
A: No, police cannot legally demand any unofficial payment. Official procedures don’t require such fees.

Q: How long should unfreezing take after complaint withdrawal?
A: Typically 7-15 working days once proper documentation is submitted to both police and bank.

Q: Can I approach court directly?
A: Yes, if police refuse to follow proper procedures, you can file a writ petition in High Court.

Q: What if I already paid the demanded amount?
A: Document the payment and file corruption complaint while still pursuing account unfreezing through legal channels.

What Evidence Is Required?

• Official complaint withdrawal confirmation from cybercrime portal
• Email communications between parties showing matter resolution
• Bank statements showing the disputed transaction
• Settlement agreement or mutual understanding documents
• Copy of original FIR or complaint registration
• Written applications submitted to police and responses received
• Recording of any conversations where police demanded money

How Long Will the Investigation Take?

Since the complaint has been withdrawn, there should be no ongoing investigation. The unfreezing process should take 7-15 working days after submission of proper documentation. If police create unnecessary delays or demand payments, the matter can be escalated to senior officials or court intervention sought. Timeline may extend if corruption complaints are filed simultaneously against demanding officers.

Advocate Sudhir Rao, Supreme Court of India