What to do if my bank account is under lien due to cyber complaint
What to do if my bank account is under lien due to cyber complaint
When your bank account is suddenly marked with a “lien” or “debit freeze” by the Cyber Crime Branch, it can be alarming. This usually happens
when a cyber complaint or fraudulent transaction linked to your account is reported. Whether you are innocent or unaware of the issue, understanding the process and your legal rights is crucial.
https://youtu.be/r9yihlyp_eo
What Does a Bank Lien Mean?
A lien means that your bank has restricted the use of funds in your account temporarily under the instructions of the Cyber Crime Department or investigating agency. You can view this status as “Lien marked,” “Hold placed,” or “Debit freeze” in your bank statement or app.
The lien is placed under legal provisions to prevent withdrawal or transfer of disputed money during an investigation.
Why Cyber Police Place a Lien on Accounts
Cyber police may instruct banks to block or freeze accounts in cases involving:
Online frauds and scams (investment scams, trading frauds, fake loan apps, etc.)
Suspicious P2P crypto transactions
Money laundering investigations
Phishing or OTP-related frauds
Even if you have unknowingly received money from a fraudulent transaction, your account can be tagged as a “suspect” account until verification.
Legal Basis Under BNSS 2023 and IT Act
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the CrPC, the procedure for investigation, seizure, and digital evidence handling is clearly defined.
Relevant sections include:
Section 107 (BNSS 2023) – empowers police officers to seize property (including bank accounts) suspected to be linked to a crime.
Section 175 (BNSS 2023) – allows the investigating officer to demand records and digital data.
Section 183 (BNSS 2023) – mandates proper documentation and release of seized property once investigation proves non-involvement.
Section 66D of the IT Act, 2000 – deals with cheating by personation using computer resources, often applied in online fraud cases.
Thus, the cyber police can legally direct banks to place a lien, but they are also bound to release it once your non-involvement is verified.
Steps to Take If Your Account Is Frozen or Under Lien
1. Contact Your Bank Immediately
Ask for the reason behind the lien and the source of the complaint or order reference number. The bank will usually inform you that the lien was placed by a specific cyber cell.
2. Identify the Investigating Cyber Cell
If the transaction was interstate, identify the origin of the FIR or complaint number. You can request this information from your bank.
3. Write an Application or Email to Cyber Cell
Send a detailed application requesting a No Objection Certificate (NOC) or lien removal. Attach your ID proof, bank passbook copy, and transaction details.
4. Provide Proof of Legitimate Transaction
If the funds were received from a genuine transaction (like freelance work, crypto P2P trade, or sale), provide screenshots, invoices, or chats proving authenticity.
5. Follow Up in Writing
If the cyber cell does not respond, you can send a legal notice or RTI application seeking an update on the investigation.
6. Approach a Cyber Crime Lawyer
If the issue persists beyond 30–60 days, contact a cyber crime lawyer in your city—such as in Noida, Delhi, or Mumbai—who can assist you in filing a representation before the Magistrate for account release under BNSS 2023 provisions.
Important Legal Rights
You have the right to be informed about the reason for lien placement.
You can demand acknowledgment for your written communication with the police.
If found innocent, the cyber police must issue an unfreeze order or NOC to your bank.
Banks are required to lift the lien within 24–48 hours once they receive the official order.
Having your bank account under lien due to a cyber complaint does not automatically mean you are guilty. It is a precautionary step during investigation. With proper documentation, timely communication, and professional legal guidance, you can get your account unfrozen legally and swiftly.
Always remember: Avoid sharing your bank account for receiving unknown funds, and verify all digital transactions through secure platforms.
Disclaimer
This content is created solely for informational and educational purposes. It is not intended for solicitation, promotion, or advertisement in any manner. The information shared here is meant to raise awareness about cyber laws and online safety.
To report any cybercrime, please visit the official government website www.cybercrime.gov.in or call the National Cyber Helpline at 1930.
Comments
Post a Comment