A.
Dear Client,
In the course of an investigation into a reported cyber scam, when an amount is traced out and put on hold, a petition is filed under Section 457 of Cr. PC (now Section 497 of the BNSS) before the court of Magistrate, praying for the release of the said amount. Section 457 of the Cr.PC empowers a Magistrate to use their discretion to order the conditional release of the amount frozen or put on hold under a cyber-scam. In this situation, the police seek a surety bond equal to the amount recovered in the scam post investigation by the cyber cell from the victim who needs to declare that he/she will pay back 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 the sureties are not qualified for the bond amount, they cannot execute a surety bond and that case, victim has to arrange trusted persons worthy to execute a surety bond. Once this is done, the Magistrate executes an order to release the on-hold amount to the applicant victim, and following the court's order, and on receipt of the surety bond, the Investigating Officer of the Cyber Cell pursues the matter with the concerned banks and the amount is refunded to the account of the victim. Thus, the surety bond for releasing funds traced from a cyber-scam is not a mere procedural formality and instead, it is a legally enforceable guarantee that can be confiscated by a court under certain conditions that include false claim, breach of conditions imposed by the Court etc. In the given scenario, you may consult/hire a lawyer specializing in cyber and banking law to understand your rights and remedies to navigate the matter effectively.
Posted On 03-Nov-2025
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