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Cybercrime freezed my account
6 months ago
I have been playing an online betting app(dafabet) since a year. One month back my bank account has been freezed. I contacted my home branch, they told that they have freezed my account based on the instructions from Cyber crime branch uttarpradesh,Agra. I have contacted Agra cyber crime branch and they are saying that my account was freezed because of a suspicious transaction, but I have not made any suspicious transaction. They sent a notice to me mentioning I need to visit Agra branch and record my statement in a week. If I fail to visit then will consider it as tacit approval and will take lega action against me. One of my brother who is working as a police officer advised me not to visit agra. If i go there they will keep me in the remand he is saying. Can anyone suggest me how I can handle this situation
A.Dear Client,
The Information Technology Act 2000 regulates cyber activities or online gambling in India. There is no explicit law that makes online betting and gambling an illegal activity in India. Only the states of Sikkim, Nagaland, and Meghalaya have gaming laws and licensing regimes. There are different kinds of gambling in India that are prevalent and practiced in India in the past i.e. Horse Racing, Lottery, Skill Games, Casino Gambling, Online Gambling and Sports betting. Any violation of the law would attract a fine of Indian rupees 200 or imprisonment of up to 3 months. Once a cybercrime scam involving suspicious or fraudulent transactions is reported online to the National Cyber Crime Reporting Portal(NCCRP), on the instruction of the Cyber Crime Cell, the investigating team starts 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. 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. So, when you are in receipt of notice from Cyber Crime Cell, Agra advising you to appear before them for the recording of your statement which is a part of their investigation, you should abide by the instruction to provide them the required information to proof your innocence and expedite the investigation for your own interest, otherwise for non-compliance of notice of Cyber Cell, Agra, a warrant of arrest may be issued by the Court on the petition of Cyber Cell and you may face legal consequences including remand in police custody. When a notice for your physical presence is issued by the Cyber Cell, hiring of service of an Advocate of Agra to handle/represent the matter on your behalf may not be helpful at the present status of the investigation. However, you can contact an Advocate of Agra for necessary guidance and steps.
The Information Technology Act 2000 regulates cyber activities or online gambling in India. There is no explicit law that makes online betting and gambling an illegal activity in India. Only the states of Sikkim, Nagaland, and Meghalaya have gaming laws and licensing regimes. There are different kinds of gambling in India that are prevalent and practiced in India in the past i.e. Horse Racing, Lottery, Skill Games, Casino Gambling, Online Gambling and Sports betting. Any violation of the law would attract a fine of Indian rupees 200 or imprisonment of up to 3 months. Once a cybercrime scam involving suspicious or fraudulent transactions is reported online to the National Cyber Crime Reporting Portal(NCCRP), on the instruction of the Cyber Crime Cell, the investigating team starts 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. 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. So, when you are in receipt of notice from Cyber Crime Cell, Agra advising you to appear before them for the recording of your statement which is a part of their investigation, you should abide by the instruction to provide them the required information to proof your innocence and expedite the investigation for your own interest, otherwise for non-compliance of notice of Cyber Cell, Agra, a warrant of arrest may be issued by the Court on the petition of Cyber Cell and you may face legal consequences including remand in police custody. When a notice for your physical presence is issued by the Cyber Cell, hiring of service of an Advocate of Agra to handle/represent the matter on your behalf may not be helpful at the present status of the investigation. However, you can contact an Advocate of Agra for necessary guidance and steps.
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A.Dear Client,
It's generally advisable to cooperate with law enforcement authorities when they issue a notice or request your statement. However, you should do so in the presence of an advocate, who can ensure that your rights are protected and that you are not coerced or held in custody unlawfully. You have the right to remain silent and not self-incriminate. Ensure that you do not make any statements that could be used against you. Let your advocate guide you through the process. If you genuinely believe that you have not engaged in any suspicious transactions, be transparent about your financial activities and provide any necessary documentation to prove your innocence.
It's generally advisable to cooperate with law enforcement authorities when they issue a notice or request your statement. However, you should do so in the presence of an advocate, who can ensure that your rights are protected and that you are not coerced or held in custody unlawfully. You have the right to remain silent and not self-incriminate. Ensure that you do not make any statements that could be used against you. Let your advocate guide you through the process. If you genuinely believe that you have not engaged in any suspicious transactions, be transparent about your financial activities and provide any necessary documentation to prove your innocence.
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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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