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Bank Account Freeze by Cyber Crime
7 months ago
Hello . My bank account has been freezed by the Cyber Crime branch . And it has happened due to some online gaming websites.. What should I do now ? I’ve not done any mistakes or frauds also .
A.Bank debit freeze and lien marking is the latest trend whenever a cybercrime involving monetary transaction is involved. Due to peer to peer (P2P) transactions of funds following up an online gaming action or buying and selling of cryptocurrencies mainly USDT, the accounts of all those people who are in the chain of money transfers are frozen by the cybercrime investigation team.
Many a times there are genuine people who are either playing online games and getting money or have sold the USDT on platforms like Binance and then received the amount in their bank accounts, even then the accounts are either getting lien marked or debit frozen. What is the reason behind that.
The cybercriminals are using the platforms like online game and bitcoin transactions to siphon huge amount of money illegally and for that what they do is that they allow the users to do smaller transaction involving few thousands and lacs but the fraud is of much larger amount running into crores. Through P2P transfer they get the money transferred from one account to another and finally to the final recipient.
Any one who would have done P2P transfer or received the money into his account will automatically become part of that chain of crime and therefore the police/cybercrime team asks the bank to freeze those accounts.
Now, in case your account has been frozen then what you are supposed to do. Here are the steps that can be taken by you;
1. Get in touch with the bank and figure out that from which police station the instruction to freeze the account had come.
2. Once you have the details of the police station then send a letter (preferably through a lawyer) explaining all that you did and the transaction details like bank statement, USDT statement, etc.
3. Also let the police know that whatever money you received you are ready to pay back to the complainant.
4. If the complainant takes back the complaint then the police may close the case against you and unfreeze the account.
5. If not then you can file a case in court to get the account unfrozen.
For any more clarification please get in touch with team at Vidhikarya
Many a times there are genuine people who are either playing online games and getting money or have sold the USDT on platforms like Binance and then received the amount in their bank accounts, even then the accounts are either getting lien marked or debit frozen. What is the reason behind that.
The cybercriminals are using the platforms like online game and bitcoin transactions to siphon huge amount of money illegally and for that what they do is that they allow the users to do smaller transaction involving few thousands and lacs but the fraud is of much larger amount running into crores. Through P2P transfer they get the money transferred from one account to another and finally to the final recipient.
Any one who would have done P2P transfer or received the money into his account will automatically become part of that chain of crime and therefore the police/cybercrime team asks the bank to freeze those accounts.
Now, in case your account has been frozen then what you are supposed to do. Here are the steps that can be taken by you;
1. Get in touch with the bank and figure out that from which police station the instruction to freeze the account had come.
2. Once you have the details of the police station then send a letter (preferably through a lawyer) explaining all that you did and the transaction details like bank statement, USDT statement, etc.
3. Also let the police know that whatever money you received you are ready to pay back to the complainant.
4. If the complainant takes back the complaint then the police may close the case against you and unfreeze the account.
5. If not then you can file a case in court to get the account unfrozen.
For any more clarification please get in touch with team at Vidhikarya
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A.Dear Client,
If your bank account has been frozen by the Cyber Crime branch, it's essential to take appropriate steps to resolve the issue. Here's what you can do:
Contact the Cyber Crime Branch:
First, try to contact the Cyber Crime branch or the relevant law enforcement agency that froze your account. They will be able to provide you with information regarding the reason for the freeze and what steps you need to take to resolve the issue.
Gather Relevant Information:
Collect all necessary information related to your account, including account statements, transaction records, and any communication you may have received from the bank or law enforcement.
Legal Consultation:
Consult with a lawyer who specializes in cybercrime or financial law. They can help you understand your rights and guide you through the legal process.
Cooperate with the Authorities:
Cooperate fully with the authorities during their investigation. Provide any requested documents or information promptly.
Request a Statement of Account:
Request a statement of account from your bank to understand the transactions that led to the freeze.
Resolve Any Outstanding Issues:
If the freeze is related to financial transactions or disputes with online gaming websites or other parties, try to resolve those issues as quickly as possible. Contact the involved parties and address any pending matters.
Seek Legal Remedies:
If you believe that your account has been frozen unlawfully or without proper justification, your lawyer can help you explore legal remedies, including filing a petition in the appropriate court.
Maintain Records:
Keep detailed records of all communication, correspondence, and transactions related to the freeze.
Patience and Persistence:
Resolving such matters may take time, so be patient and persistent in your efforts to resolve the issue.
Follow Legal Procedures:
It's essential to follow the legal procedures and cooperate fully with any investigations. Avoid attempting to resolve the issue through illegal means, as this can lead to further complications.
Remember that the specific steps and procedures to resolve a frozen bank account may vary depending on your location and the reason for the freeze. It's crucial to seek legal advice and follow the guidance of law enforcement and legal professionals to ensure the best possible outcome.
Thank you.
If your bank account has been frozen by the Cyber Crime branch, it's essential to take appropriate steps to resolve the issue. Here's what you can do:
Contact the Cyber Crime Branch:
First, try to contact the Cyber Crime branch or the relevant law enforcement agency that froze your account. They will be able to provide you with information regarding the reason for the freeze and what steps you need to take to resolve the issue.
Gather Relevant Information:
Collect all necessary information related to your account, including account statements, transaction records, and any communication you may have received from the bank or law enforcement.
Legal Consultation:
Consult with a lawyer who specializes in cybercrime or financial law. They can help you understand your rights and guide you through the legal process.
Cooperate with the Authorities:
Cooperate fully with the authorities during their investigation. Provide any requested documents or information promptly.
Request a Statement of Account:
Request a statement of account from your bank to understand the transactions that led to the freeze.
Resolve Any Outstanding Issues:
If the freeze is related to financial transactions or disputes with online gaming websites or other parties, try to resolve those issues as quickly as possible. Contact the involved parties and address any pending matters.
Seek Legal Remedies:
If you believe that your account has been frozen unlawfully or without proper justification, your lawyer can help you explore legal remedies, including filing a petition in the appropriate court.
Maintain Records:
Keep detailed records of all communication, correspondence, and transactions related to the freeze.
Patience and Persistence:
Resolving such matters may take time, so be patient and persistent in your efforts to resolve the issue.
Follow Legal Procedures:
It's essential to follow the legal procedures and cooperate fully with any investigations. Avoid attempting to resolve the issue through illegal means, as this can lead to further complications.
Remember that the specific steps and procedures to resolve a frozen bank account may vary depending on your location and the reason for the freeze. It's crucial to seek legal advice and follow the guidance of law enforcement and legal professionals to ensure the best possible outcome.
Thank you.
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A.Dear Sir/Madam,
Under the following provisions the Hon’ble Magistrate Court having ample powers to unfreeze the Bank accounts. Further, the Hon’ble Court has vast powers to hand over the properties/vehicles seized by the Police and other authorities to the owners of the properties/vehicles. Such interim orders normally will be made within Thirty days of such interim application and on such orders the Police and other authorities are bound to hand over the properties/vehicles to the persons in whose favour such orders are passed.
Section 451 in The Code Of Criminal Procedure, 1973
451. Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.- For the purposes of this section," property" includes-
(a) property of any kind or document which is produced before the Court or which is in its custody,
(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.
457. Procedure by police upon seizure of property.
(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.
Keeping seized vehicle in open air may harm it; petition for custody of vehicle under Section 457 CrPC allowed
•
Madhya Pradesh High Court: A Single Judge Bench comprising of Anjuli Palo, J., addressed matter where petitioner was aggrieved by an impugned order passed by Ist Additional Sessions Judge Itarsi in a criminal revision whereby the application under Section 457 CrPC, 1973 was dismissed.
The petitioner’s vehicle was seized by the police for crime under Sections 4, 6 and 9 of the M.P. GauvansVadhPratishedhAdhiniyam, 2004 and Section 11 of PashuKoortaAdhiniyam, 1960. This petition was filed under Section 482 of Code praying the release of petitioner’s vehicle by virtue of Section 457 of the Code on grounds that impugned orders seizing petitioner’s vehicle were illegal and arbitrary and the vehicle had been kept in open space which could damage the vehicle. Court relied on the case of Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 290 where it was held that seized vehicle should be released as keeping it in open could cause harm to the vehicle. Therefore, Court set aside the impugned order as a result of which the vehicle’s interim custody was given to petitioner on furnishing of a personal bond. [Mohd.Irfan v. State of M.P.,2018 SCC OnLine MP 457, dated 03-08-2018]
Under the following provisions the Hon’ble Magistrate Court having ample powers to unfreeze the Bank accounts. Further, the Hon’ble Court has vast powers to hand over the properties/vehicles seized by the Police and other authorities to the owners of the properties/vehicles. Such interim orders normally will be made within Thirty days of such interim application and on such orders the Police and other authorities are bound to hand over the properties/vehicles to the persons in whose favour such orders are passed.
Section 451 in The Code Of Criminal Procedure, 1973
451. Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.- For the purposes of this section," property" includes-
(a) property of any kind or document which is produced before the Court or which is in its custody,
(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.
457. Procedure by police upon seizure of property.
(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.
Keeping seized vehicle in open air may harm it; petition for custody of vehicle under Section 457 CrPC allowed
•
Madhya Pradesh High Court: A Single Judge Bench comprising of Anjuli Palo, J., addressed matter where petitioner was aggrieved by an impugned order passed by Ist Additional Sessions Judge Itarsi in a criminal revision whereby the application under Section 457 CrPC, 1973 was dismissed.
The petitioner’s vehicle was seized by the police for crime under Sections 4, 6 and 9 of the M.P. GauvansVadhPratishedhAdhiniyam, 2004 and Section 11 of PashuKoortaAdhiniyam, 1960. This petition was filed under Section 482 of Code praying the release of petitioner’s vehicle by virtue of Section 457 of the Code on grounds that impugned orders seizing petitioner’s vehicle were illegal and arbitrary and the vehicle had been kept in open space which could damage the vehicle. Court relied on the case of Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 290 where it was held that seized vehicle should be released as keeping it in open could cause harm to the vehicle. Therefore, Court set aside the impugned order as a result of which the vehicle’s interim custody was given to petitioner on furnishing of a personal bond. [Mohd.Irfan v. State of M.P.,2018 SCC OnLine MP 457, dated 03-08-2018]
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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 putting a lien on it. you can contact the Cyber Crime Investigation Cell (CCIC) a unit of the Indian police that is responsible for investigating cyber crimes. . A citizen can also report incidents of financial cyber fraud by following steps - Call the toll-free number 114448, Log on to https://cybercrime.gov.in to post a complaint, and Email your complaint to [email protected], You can also register a complaint of cybercrime at https://www.cybercrime.gov.in/. The length of time it takes to investigate a cybercrime can vary greatly depending on the complexity of the case, the resources are 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.
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 putting a lien on it. you can contact the Cyber Crime Investigation Cell (CCIC) a unit of the Indian police that is responsible for investigating cyber crimes. . A citizen can also report incidents of financial cyber fraud by following steps - Call the toll-free number 114448, Log on to https://cybercrime.gov.in to post a complaint, and Email your complaint to [email protected], You can also register a complaint of cybercrime at https://www.cybercrime.gov.in/. The length of time it takes to investigate a cybercrime can vary greatly depending on the complexity of the case, the resources are 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.
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