Kolkata’s Leading Cyber Advocate
Is Your Bank Account Frozen?
Get immediate legal relief for accounts blocked by Cyber Cells in Kolkata, Mumbai, Bangalore, Hyderabad, or Ahemedabad. We specialize in Section 457 CrPC petitions and P2P dispute resolution.
Steps for Immediate Action
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1
Demand the Freeze Notice
Contact your bank and ask for the police notice under Section 102 CrPC.
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2
Identify the Case Details
Note the Cyber Cell name, Ack number, and the Investigating Officer’s email.
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3
Do Not Wait
Delaying makes it look like you are avoiding the law. Seek legal counsel immediately.
Advanced Defense for Cyber Allegations
Bank account freezes are often connected to charges under the Information Technology Act. We provide technical legal defense to prove your transactions were bona fide.
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P2P Personation
Fighting claims of cheating by personation in crypto trading.
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Evidence Law
Certifying your digital ledger for High Court admissibility.
Case Evaluation
Professional representation at the Calcutta High Court and with National Cyber Cells.
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Account Defreezing Knowledge Base
Get detailed legal answers about Cyber Cell procedures and bank freezes.
1. Why has my bank account been frozen by the Cyber Cell without notice?
Under Section 102 of the CrPC (now Section 106 of the BNSS), police officers have the authority to seize property, including bank accounts, if they suspect it is linked to a crime. In the digital age, Cyber Cells often track “tainted money” through various layers of transactions. If you received a payment—even via a legitimate P2P trade on Binance—that originated from a reported scam, your account might be frozen automatically. The bank is legally bound to comply with the police notice immediately.
2. How can Advocate Panchanand Shaw help in unfreezing a bank account?
We provide a multi-pronged legal strategy: Identifying the Cyber Cell, drafting a formal legal representation to the Investigating Officer (IO), and providing technical transaction proof. If the police refuse to release the account, we file a petition under Section 457 of the CrPC in the jurisdictional court. We focus on protecting your Article 300A rights and securing a “Lien on Disputed Amount” to restore your liquidity.
3. What is a Section 457 CrPC petition?
Section 457 deals with property seized by police. Since a frozen bank account is “seized property,” you can approach a Magistrate Court to request its release. The court evaluates if you are an innocent party and may order the bank to unfreeze the funds after you provide an indemnity bond. This is often faster than waiting for a police NOC.
4. What should I do immediately after the freeze?
The first 48 hours are vital. Contact your bank’s Nodal Officer to get the “Freeze Intimation.” Collect all P2P trade screenshots, chat logs, and invoices. Prepare a timeline of the disputed transaction to prove you acted in good faith. Avoid transferring funds out of other linked accounts as it may raise further suspicion.
5. Can the police freeze my entire account for a small amount?
Police should only freeze the “tainted” amount, but banks often place a “Total Debit Freeze” for convenience. This is disproportionate and often illegal. We move the High Court or the local Magistrate to convert such a total freeze into a “Lien” on the specific disputed amount, freeing up the rest of your balance for personal or business use.
6. What is a 160 CrPC notice?
It is a notice to a witness to join the investigation. If you get one, do not panic but do not ignore it. Ignoring it marks you as “non-cooperative.” We draft professional replies to these notices, often satisfying the police queries remotely and avoiding the need for you to travel to a distant state’s police station.
7. How to handle a freeze from a different state (e.g. Gujarat/Kerala)?
You don’t always have to travel. We practice “Trans-Border Coordination,” where we send legal representations via post and email to Cyber Cells in other states. If the matter is complex, we coordinate with local counsel in those states or move the Calcutta High Court to stay any coercive action against you while the matter is investigated.
8. Why is P2P crypto trading causing freezes?
Scammers use stolen money to buy crypto. When you sell crypto to them via P2P, you receive that stolen INR. The police track the money to your account and freeze it. To unfreeze, you must prove you are a “Bona Fide Professional” by providing trade logs from Binance/WazirX and showing that you provided value (the crypto) for the money received.
9. Can I be arrested for a frozen account?
A freeze is a preventive action, but it can lead to a 41A CrPC notice for appearance. If the police suspect your involvement in the fraud chain, arrest is a possibility. We evaluate the risk and, if needed, file for Anticipatory Bail in the Sessions or High Court to ensure your liberty is protected during the investigation.
10. What is a “Lien” exactly?
A lien is a legal hold on a specific amount. If your balance is 10 Lakhs and the dispute is for 1 Lakh, the bank holds only 1 Lakh. You can use the rest. Converting a “Total Freeze” to a “Lien” is our primary objective for business owners to keep their operations running.
11. How long does the unfreezing process take?
With an NOC from the IO, it takes 15–30 days. If we have to file a 457 petition in court, it can take 2–4 months. We use a rigorous follow-up system with Nodal Officers to ensure the process moves as fast as possible.
12. Is the bank liable for my losses?
Banks are generally protected when following police orders. However, if they fail to implement a “De-freeze order” within a reasonable time, they can be held liable for deficiency of service. We issue legal notices to banks in such cases to speed up the release.
13. What is “Layering” in Cyber Crime?
Criminals move money through many accounts (Layers) to hide its origin. If you are the 4th person to receive the money, your account is an “Innocent Layer.” We prove that your transaction was separate from the original crime to break the link and unfreeze the funds.
14. Can the High Court stay a freeze?
Yes. Under Article 226, the High Court can quash an arbitrary freeze if the police haven’t reported it to a Magistrate as required by law. High Court interventions are very effective for high-value business account freezes.
15. What are the costs involved?
Costs include professional fees for legal drafting, postage, and court fees if litigation is needed. We offer a transparent, tiered fee structure based on the complexity of the case.
16. Does the account unfreeze automatically?
No. Even after the case ends, you need a formal “De-freeze” order. We help clients reopen accounts that have been stuck for years by obtaining the necessary legal clearances.
17. What documents do I need for a 457 petition?
Bank freeze notice, KYC (Aadhar/PAN), 6 months bank statement, and evidence of the specific transaction (invoice/screenshots). We compile these into a professional paper book for the court.
18. Can I open a new account if one is frozen?
Yes, but your name might be flagged in the central fraud monitoring database (like RBI’s), making it hard to get loans or credit cards later. It is vital to clear your name legally.
19. What is a “Nodal Officer”?
They are the legal heads of a bank. We deal directly with Nodal Officers to bypass local branch delays and ensure your unfreeze order is implemented in the system immediately.
20. Why Advocate Panchanand Shaw?
Located at 14 Hare Street, we FileX Advocates & Legal Consultants are at the heart of Kolkata’s legal hub. We offer specialized expertise in IT Act and CrPC matters, providing a professional shield against Cyber Crime allegations.
Restore Your Financial Freedom
Visit our Kolkata chambers for a confidential consultation.
Office Address
14 Hare Street, Kolkata – 700001
Direct Line
+91 90070 00603