Bank account frozen by Cyber Police ?

This is how you can get your account defreezed.

A Thread 🧵

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The first step is to contact the bank and ask for a copy of freeze notice.

If the bank employees refuse, send an email to the nodal officer. You can get their details from the bank website.

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If you still can't get a copy of the freeze notice from the bank, launch a complaint with RBI Ombudsman here:
https://cms.rbi.org.in/cms/indexpage.html#eng

You can also file a complaint with National Consumer Helpline here:
https://consumerhelpline.gov.in/

The above portals are free of cost.

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In case your bank is a public sector bank, then you can also launch a complaint at the Public Grievance Portal here:
https://pgportal.gov.in/

This also is a free portal, and you won't be charged anything.

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Remember, you have the right to a fair trial, which is given to you by Article 21 of the Constitution.

So banks cannot deny you a copy of the notice to prepare your defense.

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Once you receive the notice copy from the bank, check the section under which it was sent.

There can be two possibilities:
1. It was sent under Section-91 CrPC
2. It was sent under Section-102 CrPC

Let's discuss these possibilities one by one.

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If the freeze notice was sent under Section-91 CrPC, then check if it has any specific instructions for debit freezing your account.

If it doesn't have one and the bank has still frozen your account, then the freeze is illegal.

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In this case, you can get your account defreezed for free by lodging a complaint at RBI Ombudsman, National Consumer Helpline, or Public Grievance Portal.

Remember, this process takes time, but it can be done.

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Now coming to the scenario where the freeze notice was sent under Section-91 CrPC and has specific instructions to freeze your account.

Even in this case, the freeze is illegal and contrary to the provisions of the law.

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Section-91 CrPC only allows Police to seek documents for the purpose of investigation. It does not allow them to freeze your account.

You can read more about this section here:
https://indiankanoon.org/doc/788840/

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You will need to contact a competent local lawyer and ask them to lodge a defreeze petition under Section-451/457 CrPC in the lower courts citing the freeze as illegal.

You may be required to provide sureties to the court in the form of a deposit.

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You will get your deposit back once the investigation is completed.

You can ask your lawyer to refer to the judgment from the Hon'ble Uttarakhand High Court here:
https://app.box.com/s/f119n0cbsf7vorgnx1hv3wn61eauqpqm

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In the above judgment, the Hon'ble HC has clearly stated in paragraphs 10 & 11 that a freeze instruction under Section-91 is invalid and Banks are not required to comply with such requests.

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Now if the freeze notice was sent under Section-102 CrPC, then the notice is valid.

But Section-102 CrPC requires the Police to report the seizure of your bank account to the local Magistrate as soon as possible.

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You can read about Section-102 CrPC and its requirements here:
https://indiankanoon.org/doc/648213/ (See the 3rd point)

In this case, with the help of your lawyer, you need to send a copy application to your local court to see if the Magistrate was informed on time about the seizure.

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If the local Magistrate was not informed, then the freeze won't hold in a court of law.

You can lodge a defreeze petition with the help of your lawyer under Section-451/457 CrPC in the lower courts, citing the freeze as invalid.

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You can ask your lawyer to refer to this judgment by the Hon'ble Madras HC for more details:
https://app.box.com/s/ffngibjx5jbwtpri7peoxlx3dhp26iyq

In paragraph 7, the Hon'ble HC mentioned the importance of reporting the seizure to the local Magistrate in a timely manner.

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Now in case the authorities have complied with all the provisions of Section-102 CrPC, then the freeze is valid as well as legal.

Even in this case, you can still lodge a defreeze petition with the help of your lawyer under Section-451/457 CrPC in the lower courts.

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You can deposit the amount alleged in the fraud to the Court as sureties and get a defreeze notice from the court.

You will be allowed to use the remaining balance in your account, provided you don't have any other pending notices on your account.

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You will get your deposit back once the investigation is completed.

Remember, the court procedure takes time, but it works. So have faith.

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Things you should avoid doing:
1. Approaching the consumer court.
2. Trying to settle with the Police under the table.
3. Going to Police Station without being accompanied by a lawyer.

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⚠️ Please note that all this information is based on personal research.

Kindly do not consider it as legal advice.