Advocate Rajat Kadyan & Associates · Gurugram

You try to use your bank account and find that debits are blocked, or the bank says a "lien" has been placed on the account on a cyber police request. This happens when your account received money linked to a cyber fraud complaint, even if you had nothing to do with the fraud. Here is how it works and what you can do.

Why was my account frozen?

When a victim reports a fraud on the 1930 helpline or the National Cyber Crime Reporting Portal, the receiving accounts are flagged. Banks then place a hold on them. In some cases the hold covers the entire balance, not just the disputed amount. The police can also direct a bank to freeze an account during investigation, which is a form of seizure under Section 106 BNSS.

First steps

  1. Find out why. Ask the bank in writing for the freeze reference, the police station and the complaint or FIR number.
  2. Get the statement. Download statements for the period concerned and mark the transaction the complaint refers to.
  3. Do not move funds out of other accounts in a hurry or try to "route around" the freeze. It looks like hiding money.
  4. Identify the investigating officer and the cyber police station that issued the freeze.

How can an account be unfrozen?

The route depends on what the police and the record show:

  • Through the investigating officer. If the disputed amount is small compared to your balance, the police can sometimes confirm that the balance beyond it can be released.
  • Through the Magistrate. An application can be made to the court concerned for release or interim custody of the funds that are not connected to the complaint.
  • Through the High Court. In suitable cases, a petition may be filed before the Punjab and Haryana High Court where the freeze is excessive or without proper basis.
  • If you are a genuine business or salaried account holder, show clearly that the rest of your money is legitimate income, with salary slips, invoices or tax records.

    What if I am also named in the case?

    A freeze often comes before a call or an FIR. If the police have called you, deal with the possibility of arrest first, because that is the more urgent risk. Read about anticipatory bail in Gurgaon.

    Common mistakes

    • Visiting the bank branch repeatedly. The branch cannot lift a police freeze.
    • Ignoring a police notice because the account is "already frozen".
    • Paying middlemen to "clear" the freeze.
    • Filing a vague application with no proof of the source of funds.

    FAQs

    How long does a freeze last?

    There is no fixed period. It generally continues until the police or a court direct otherwise.

    Can the bank unfreeze it by itself?

    Usually not. A freeze placed on police request is lifted only on the police's or court's instruction.

    Will I get all my money back?

    Not always. Amounts traceable to the fraud may be held for the victim, but legitimate funds should be capable of release.

    Our account unfreeze lawyer in Gurgaon page explains our approach in more detail. For related issues, see cyber crime lawyer in Gurgaon.

    This article is general information, not legal advice for any specific case.

    Facing this yourself?

    Call +91 82954 13475 or send the details. The first consultation is free. This post is general information and is not advice on any particular case.

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