Your money frozen by the Police OR have you become a victim in online fraud or vishing fraud scam?
Know your rights to reclaim what is yours
Has your bank account been frozen by police, or have you become a victim of online fraud or vishing (voice phishing) scams?
If your money is seized by police during an investigation, the law clearly protects your right to reclaim what is legally yours.
With the rise in cybercrime, many individuals face situations where a frozen bank account causes financial hardship, even when they are victims and not accused. Indian law provides effective legal remedies to recover money seized by police and release frozen accounts.
Why Is a Bank Account Frozen by Police?
A bank account frozen by police usually happens when authorities suspect that funds are linked to:
- Online fraud
- Cybercrime
- Vishing or phishing scams
- Suspicious digital transactions
Under Section 102 of the Criminal Procedure Code (CrPC), police have the power to seize property, including money seized by police in bank accounts, if it is suspected to be connected to an offence.
However, this power is not unlimited.
Judicial Oversight in Frozen Bank Account Cases
Courts play a crucial role in protecting citizens whose bank accounts are frozen by police.
- Courts ensure that a frozen bank account is not retained unnecessarily
- Property or money seized by police must be returned once investigation requirements are satisfied
- Victims of fraud should not suffer prolonged deprivation of their own funds
Legal Provisions Governing Money Seized by Police
Section 102 CrPC
- Allows police to seize property suspected to be stolen or linked to an offence
- Includes bank accounts frozen by police
Sections 451 & 457 CrPC
- Courts regulate custody, interim release, and final disposal of seized property
- Applicable for money seized by police, frozen bank accounts, and physical or digital assets
Procedure to Release a Frozen Bank Account or Recover Money Seized by Police
1. Application to the Magistrate
- File an application under Section 451 or 457 CrPC
- Seek release of the frozen bank account or seized funds
- Attach:
- FIR details
- Seizure memo
- Proof of ownership
- FIR details
2. Verification of Ownership
Submit documents such as:
- Bank statements
- Transaction records
- Purchase receipts
- Registration documents
- Affidavits confirming lawful ownership
3. Court Order for Release
- Magistrate may grant interim custody (Supurdnama) or final release
- Conditions may include furnishing a bond to produce funds if required during trial
Frozen Bank Accounts in Online Fraud Cases
Victims of online fraud frequently face bank accounts frozen by police during investigation.
Once innocence is established, courts can order:
- Immediate unfreezing of bank accounts
- Return of money seized by police
The law clearly recognizes that victims should not be punished financially.
Recovery of Digital Property Seized by Police
In cybercrime cases, police may seize:
- Laptops
- Mobile phones
- Servers
- Digital storage devices
Such digital property can be reclaimed after forensic examination, through proper legal procedure.
Victim Protection Under Indian Law
Indian courts consistently hold that:
- Victims of fraud should not suffer prolonged loss
- A frozen bank account should be released at the earliest opportunity
- Money seized by police must be returned to its rightful owner
Practical Tips to Recover Money Seized by Police
- Preserve all purchase receipts, bank records, and digital transaction proofs
- File applications promptly to avoid prolonged freezing
- Engage an experienced advocate to draft strong legal applications
- Seek professional assistance from VIVS LEGAL for faster resolution
Landmark Judgment Supporting Release of Frozen Bank Accounts
In Sunderbhai Ambalal Desai v. State of Gujarat (2003), the Supreme Court emphasized that:
- Seized property should not lie idle
- Courts must ensure timely release of property and money seized by police
This judgment strongly supports victims seeking release of a bank account frozen by police.
Need Legal Help?
If your bank account is frozen by police or your money has been seized by police, the VIVS LEGAL team can help you reclaim your rights efficiently and lawfully.
