Bank account frozen after a cyber complaint - how to get it released

Bank Account Frozen by Cyber Complaint: How to Get It Released

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Quick answer: If your bank account is frozen because money linked to a cyber fraud complaint reached it, ask the bank in writing for the complaint (acknowledgement) number and the police station that asked for the freeze. Then give that police station a written explanation with documents showing where the money came from. If the freeze continues without a proper order, or freezes far more than the disputed amount, you can apply to the Magistrate and, in suitable cases, file a writ petition in the High Court.

Every day people across Delhi NCR open their banking app and find their account “debit frozen” or “lien marked”. Very often they did nothing wrong. A buyer paid them through UPI, a customer settled an invoice, or a friend returned a loan, and that money turned out to be part of a cyber fraud chain. Once the victim reports the fraud on 1930 or cybercrime.gov.in, every account the money passed through can be flagged.

In this article
  1. Why accounts get frozen
  2. Step-by-step: how to get a frozen account released
  3. What not to do
  4. If you are the victim of the fraud
  5. Frequently Asked Questions

Why accounts get frozen

When a cyber fraud complaint is lodged on the National Cyber Crime Reporting Portal, the system traces the money from the victim’s account to the accounts it moved into, layer by layer. Banks are asked to put a hold on those accounts so that the money cannot move further. The police may also seize or freeze an account as property connected with an offence under Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 102 of the old CrPC.

The problem is that freezes are often made on the whole account, not just the disputed amount, and sometimes without the account holder being told which police station or complaint is involved.

Step-by-step: how to get a frozen account released

  • Ask the bank in writing. Request the reason for the freeze, the complaint or acknowledgement number, the name of the police station or cyber cell, and the amount on hold. Keep a copy of your letter or email.
  • Collect your proof. Invoices, chats, delivery records, GST bills or any record showing why you received the money and from whom.
  • Write to the police station. Send a representation to the investigating officer and the station house officer explaining the transaction, with your documents. Ask for the freeze to be lifted or limited to the disputed amount.
  • Apply to the Magistrate. If nothing happens, an application can be filed before the jurisdictional Magistrate for release of the account or for the freeze to be limited to the disputed sum.
  • High Court. Where the freeze is indefinite, covers far more than the disputed amount, or was made without following the law, a writ petition can be filed. Several High Courts have held that an entire account should not be frozen indefinitely without due process.

What not to do

  • Do not ignore a police notice. Reply in writing and keep proof of delivery.
  • Do not pay anyone who calls claiming they can “unfreeze” your account for a fee. That is often a second scam.
  • Do not move or withdraw money from other accounts in a way that looks like you are hiding funds.

If you are the victim of the fraud

If you lost money, the steps are different: call 1930 immediately and report on cybercrime.gov.in. See our guide on reporting cyber fraud and our page on cyber crime cases in Ghaziabad.

Frequently Asked Questions

Why was my bank account frozen without any notice?

Usually because money linked to a cyber fraud complaint reached your account and the bank was asked to hold it during the investigation. Ask the bank in writing for the complaint number and the police station involved.

Can the police freeze my whole account?

The police can seize or freeze property connected with an offence under Section 106 BNSS, but courts have frowned on freezing an entire account indefinitely when only a small amount is disputed. You can ask for the freeze to be limited to the disputed sum.

How long does it take to unfreeze an account?

It depends on how quickly the police verify your explanation. If they do not act, an application to the Magistrate or a writ petition in the High Court may be needed.

Do I need a lawyer to unfreeze my account?

Not always. Many cases are resolved by writing to the police with documents. A lawyer helps when the police do not respond, when a court application is needed, or when you also face a criminal complaint.

Need help with a frozen account in Ghaziabad or Delhi NCR? See Cyber Crime Lawyer in Ghaziabad or call +91-8800669834.

This article is general legal information, not legal advice. Laws, rates and portals change, so check the current position for your case. — Adv. Mridul Jindal, Law Chambers of Mridul Jindal, Indirapuram, Ghaziabad.

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Disclaimer: This blog is published by Law Chambers of Mridul Jindal for general informational and educational purposes only. It does not constitute legal advice, nor does it create an advocate–client relationship. It is not intended as advertisement or solicitation under the Bar Council of India Rules. Laws and judicial interpretations change over time; please consult a qualified advocate about your specific facts before acting on any information here.
Adv. Mridul Jindal

Adv. Mridul Jindal

Adv. Mridul Jindal is a first-generation lawyer and a graduate of Jindal Global Law School. Enrolled with the Bar Council of Delhi on 14 July 2021 (Enrolment No. D/3547/2021), he practises before the Supreme Court of India, the Delhi High Court, and district courts, tribunals and consumer forums across Delhi, Ghaziabad and Noida. He is a member of the Supreme Court Bar Association, the Delhi High Court Bar Association, the Central Delhi Court Bar Association, the Shahdara Bar Association and the New Delhi Bar Association. His practice is centred on criminal and constitutional law, including bail, FIR quashing and writ petitions, and also covers civil, property, family, consumer and commercial matters. View full profile →

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