Bank account Frozen- online gambling Bank account Frozen- online gambling

2 months ago

HDFC Bank put a debit freeze on my account due to transactions. I explained all of the transactions were made on gambling platforms. Since the transactions were made and received from different accounts. They aren't unfreezing my account. I haven't done anything illegal, I just don't know how to proceed.

Anik

Responded 2 months ago

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A.Dear Client,

The Information Technology Act of 2000 governs cyber activities and online gambling in India. Online betting and gambling are not explicitly illegal nationwide, except in states like Sikkim, Nagaland, and Meghalaya, which have specific gaming laws. Various forms of gambling exist in India, including horse racing, lottery, skill games, casino gambling, online gambling, and sports betting. Violations may result in a fine of INR 200 or imprisonment for up to 3 months.

When a cybercrime involving suspicious transactions is reported on the National Cyber Crime Reporting Portal, the investigating team, under the Cyber Crime Cell's instructions, initiates an investigation. This process includes freezing the suspected fraudsters' accounts and the victim's bank account until the investigation concludes. The duration of a cybercrime investigation varies based on factors such as case complexity, available resources, and victim cooperation.

Section 457 of the CrPC grants Magistrates the discretion to conditionally release frozen amounts in cyber scams. In such cases, the police may request an indemnity bond from the victim, declaring an obligation to pay 1.5 times the refunded amount to the bank if the claim is false or if other claims are made on the amount.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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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. 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 an indemnity 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. 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 suitable steps.
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