Account Debit Freeze by cyber police Account Debit Freeze by cyber police

5 months ago

HI, My savings account is under debit freeze for an amount received from an account which the cyber police says, is from fraudulent transaction, I have no wrong doing? how can I unfreeze my account? also if complete unfreezing is not immediatly possible, how can I request to hold only the lien amount and release the remaining amount from the debit freeze?

Legal Counsel Vidhikarya

Responded 5 months ago

View All Answers
A.Dear Client,
The National Cyber Crime Reporting Portal(NCCRP) is an initiative of the Government of India to facilitate victims/complainants to report cybercrime scams or complaints online and once a cyber crime scam is reported online to NCCRP, on the instruction of Cyber Crime Cell, investigating team started the routine process of investigation immediately freezing the suspected accounts of fraudsters and the victim's Bank account and you have to wait for the completion of the investigation of the scam by the investigating agency and in the course of the investigation if required they can contact and call you to record your statement or for filing relevant documents. You need to get in touch with the Cybercrime Cell of your district or state seeking their necessary action in the matter. The length of time it takes to investigate a cybercrime can vary greatly depending on the complexity of the case, the resources available to the investigators, and the cooperation of the victim. In general, cybercrime investigations can take anywhere from a few weeks to several months or even years. You can also register a complaint of cybercrime at https://www.cybercrime.gov.in/ and track the status of your complaint online. Section 457 of the CrPC empowers a Magistrate to use their discretion to order the conditional release of the amount frozen under cyber scam. In this situation, the police seek a bond from the victim who needs to declare that he/she will pay 1. 5 times the refunded amount to the bank in case his/her claim is false or if other claims are made on the amount. Once this is done, the Magistrate executes an order to release the frozen amount to the applicant victim. So, file a petition under Section 457 CrPC in the jurisdictional court praying for an order for the release of frozen money and following the court's order, and on receipt of bond, the Investigating Officer of the Cyber Cell will follow up the matter with the banks and the amount is refunded to the accounts of the victims. If required, you may take the service of an Advocate for guidance and steps. You may consult with a cyber crime expert for further guidance and steps.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 5 months ago

View All Answers
A.Dear Client,
Firstly, reach out to your bank to understand the reasons behind the debit freeze. Ask for details about the transaction in question and the actions needed to resolve the issue. Be prepared to provide any relevant information or documentation.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconCyber crime financial UPI fraud case registered after not investigation support
Dear Client, The National Cyber Crime Reporting Portal(NCCRP) is an initiative of the Government of India to facilitate victims/complainants to report cybercrime scams or complaints online and you ca...
question iconCyber crime
Dear Client, Sharing private pictures, messages or videos especially of those under 18 either belonging to you or others with/without permission is a serious violation of privacy and is punishable by...
question iconAmount put on hold
Dear Client, Once a cyber scam is reported to the cyber crime cell and the Bank sends messages informing you that a certain amount of scams have been put on hold, means that the authorities have froz...
question iconlost money to a consulting firm assuring job
Dear Client, Please file a cyber complaint for online fraud and scam. The national cybercrime hotline number is 155260. File your online fraud complaint at https://cybercrime.gov.in/ Keep validating...
question iconRegarding fraud payment issue by skillnation
Dear Sir, Fees refund: Should students sue education institutes and can they do so? Yes! Courtesy: (Dushyant K Mahant, is Founding Partner of Mahant & Mahant • Law is on the side of students who wan...