section 91 CRPC section 91 CRPC

4 weeks ago

Dear Sir,

Got an Notice section 91 CRPC that Regarding fraudulent transactions of amount 11, 28,260/- INR but as of date my a/c balance is less than 2lacs and worst the bank as blocked my a/c.
Please guide me what can be done from my side to unblock my bank a/c as my Home loan EMI gets deducted from this a/c.
Need your guidance and support.

Anik

Responded 3 weeks ago

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A.Dear Client,

Once a cybercrime scam involving suspicious or fraudulent transactions is reported to the National Cyber Crime Reporting Portal(NCCRP), the Cyber Crime Cell initiates an investigation by freezing the suspected accounts of the fraudsters as well as the victim's bank account. The duration of the investigation can vary depending on factors such as the complexity of the case, available resources, and the level of cooperation from the victim.

Under Section 457 of the Criminal Procedure Code (CrPC), a Magistrate has the authority to order the conditional release of the frozen amount. In this situation, the police may require the victim to provide a bond declaring that they will pay 1.5 times the refunded amount to the bank if their claim is found to be false or if other claims are made on the amount.

To facilitate the release of the frozen funds, the victim can file a petition under Section 457 CrPC in the jurisdictional court, requesting an order for the release of the funds. Once the court issues the order, the Investigating Officer of the Cyber Cell will coordinate with the banks to ensure the refund is processed and the funds are returned to the victim's account.

It's important for victims to cooperate with the investigating authorities and provide any necessary documentation to support their claim during the investigation process.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 weeks ago

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A.Dear Client,
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 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, you can 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 the 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
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Vidhi Samaadhaan Vidhi Samaadhaan

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