Paytm Account Freeze
2 months ago
Hello - I have been running pillar to post for the last 2 months. In early December, I learned that my account was flagged due fraud on instruction of the Puducherry Police Crime Cell. I have furnished all the details that were asked by the police and now they have stopped responding. There is money stuck in my account and there is absolutely no cooperation from the police nor paytm. What can I do in this regard?
Some history, in August 2023, I was contacted on whatapp for a part time job, and I was initially getting payouts. However, I later learned from my friend that the same was a scam and exited the job.
A.Dear Client,
Upon reporting a cybercrime scam to the National Cyber Crime Reporting Portal (NCCRP), the Cyber Crime Cell initiates an investigation, freezing both the suspected fraudsters' accounts and the victim's bank account. The victim may be contacted during the investigation for statements or document submissions. To take necessary action, the victim should reach out to the Cybercrime Cell of their district or state. The duration of a cybercrime investigation varies based on factors like case complexity and available resources, ranging from weeks to months.
Under Section 457 of the CrPC, a Magistrate can use discretion to order the conditional release of frozen amounts in cyber scams. To facilitate this, the police may request a bond from the victim, who declares a commitment to pay 1.5 times the refunded amount to the bank if the claim is false or if other claims arise. Filing a petition under Section 457 CrPC in the jurisdictional court is recommended, requesting an order for the release of frozen money. Following the court's order and providing the required bond, the Cyber Cell's Investigating Officer works with banks to refund the amount to the victims' accounts. Legal guidance from an Advocate may be sought if needed.
Upon reporting a cybercrime scam to the National Cyber Crime Reporting Portal (NCCRP), the Cyber Crime Cell initiates an investigation, freezing both the suspected fraudsters' accounts and the victim's bank account. The victim may be contacted during the investigation for statements or document submissions. To take necessary action, the victim should reach out to the Cybercrime Cell of their district or state. The duration of a cybercrime investigation varies based on factors like case complexity and available resources, ranging from weeks to months.
Under Section 457 of the CrPC, a Magistrate can use discretion to order the conditional release of frozen amounts in cyber scams. To facilitate this, the police may request a bond from the victim, who declares a commitment to pay 1.5 times the refunded amount to the bank if the claim is false or if other claims arise. Filing a petition under Section 457 CrPC in the jurisdictional court is recommended, requesting an order for the release of frozen money. Following the court's order and providing the required bond, the Cyber Cell's Investigating Officer works with banks to refund the amount to the victims' accounts. Legal guidance from an Advocate may be sought if needed.
Helpful
Helpful
Share
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.
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.
Helpful
Helpful
Share
A.Dear Client,
Once a cybercrime scam is reported online to the National Cyber Crime Reporting Portal (NCCRP), on the instruction of the Cyber Crime Cell, 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 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. 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.
Once a cybercrime scam is reported online to the National Cyber Crime Reporting Portal (NCCRP), on the instruction of the Cyber Crime Cell, 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 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. 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.
Helpful
Helpful
Share
Read Related Answers
Online job fraud
Dear Client,
Please register a complaint with cyber security for online fraud and scam. Complaints can be reported through helpline number 1930 or on National Cybercrime Reporting Portal. Or you can a...
Loan
Dear Client,
A co-applicant/borrower is equally liable for repayment of the debt if the principal Borrower fails to repay it and if after exercising all the steps for recovery of debt against the Bor...
Compassionate appointment
Dear Client,
The SBI rules can not be breached. it could be the policy of the bank to not hire anyone. Please check with the rules and guidelines for heiring employees
Education Loan OTS
Dear Client,
Try to go to the online portal of the said bank and complaint about grievance through the same. it is advisable to repay the loan amount within the stipulated time or you may face seizur...
Sbi account put on stop by cyber security
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/v...
Read Blogs on Banking
Banking Lawyers
Find Lawyers by Location
