• I have been victimised in cybercrime

My account has been blocked for INR15000 by my bank and after so much deliberation and follow up they finally told me that it is because of a CYBER COMPLAINT.
It has been more than 15 days, neither i have received any phone call from either the CYBERCRIME nor the police station.
I have checked my account statements i have not even received 5000 pr 10k from anyone 
Can someone please help is it something simple,serious or a mistake on their end
Asked 3 months ago in Criminal Law
Religion: Sikh

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11 Answers

All accounts which  comes in the network of bank account operated by main accused of cyber crime is freezed by police. You need to contact the  cyber police and obtain details of case number. You can approach the  Court in which  is case filed and get direction to bank or if case  is under investigation, you can approach High Court and get a direction to bank to defreeze  your account.

Ravi Shinde
Advocate, Hyderabad
4298 Answers
42 Consultations

Hello, 

If the money lying in your bank account is from the source which you can prove, then write a email to the bank manager asking him to take necessary action , if this does not help send a legal notice and fike a consumer complaint. 

Regards

Swarupananda Neogi
Advocate, Kolkata
2974 Answers
6 Consultations

Dear Client,

I understand your concern regarding the blocking of INR 15,000 from your bank account due to a cyber complaint. Based on the information provided, I will provide an expert legal response to address your query.

Under Indian law, banks are required to comply with the provisions of the Information Technology Act, 2000, and the Reserve Bank of India (RBI) guidelines on cybersecurity. If a bank receives a cyber complaint or suspects any unauthorized or fraudulent activity related to a customer's account, it has the authority to temporarily block or freeze the account as a precautionary measure.

The blocking of funds in your account could be due to the following reasons:

1. Suspected Unauthorized Transaction: If the bank suspects that your account has been compromised or used for unauthorized transactions, it may block the funds as a security measure to prevent further misuse.

2. Cybercrime Investigation: If a cybercrime complaint has been filed against you or your account, the bank may have received a request from law enforcement agencies to block the funds temporarily for investigation purposes.

3. Compliance with Regulatory Requirements: Banks are required to comply with various regulatory requirements, including those related to anti-money laundering (AML) and combating the financing of terrorism (CFT). If any suspicious activity is detected, the bank may block the funds as a precautionary measure.

Regarding the lack of communication from the cybercrime authorities or the police station, it is possible that the investigation is still ongoing, and they may contact you at a later stage if required.

Here are some steps you can take:

1. Obtain a Written Explanation: Request a written explanation from the bank regarding the specific reasons for blocking your funds and the nature of the cyber complaint. This will help you understand the situation better and take appropriate action.

2. Provide Necessary Information: If the bank requests any additional information or documentation from you, promptly provide the same to facilitate the resolution of the issue.

3. Seek Legal Assistance: If the issue persists or if you believe that the bank's actions are unjustified, you may consider seeking legal assistance from a competent lawyer specializing in banking and cybercrime laws.

4. File a Complaint: If the bank fails to provide a satisfactory explanation or resolution, you can file a complaint with the Banking Ombudsman or the Cyber Crime Cell of your local police station, depending on the nature of the issue.

It is important to note that banks are required to follow due process and provide reasonable justification for blocking funds. If it is indeed a mistake on their part, they should rectify the situation promptly.

I hope this expert legal response helps you understand the situation better and guides you on the appropriate course of action. If you require any further assistance or have additional queries, please feel free to reach out.

 

Regards,

Adv Arunkumar Khedia

Bombay Highcourt

Arunkumar Khedia
Advocate, Mumbai
61 Answers

Police would conduct investigations and if no fraud has been committed by you then your bank account will be unfrozen 

Ajay Sethi
Advocate, Mumbai
97292 Answers
7857 Consultations

From your statement it seems the complaint has been lodged against your account number where money might have been credited from unknown accounts without their knowledge. 

I suggest you to check with your local ps and bank manager with this. 

Regards

Swarupananda Neogi
Advocate, Kolkata
2974 Answers
6 Consultations

Once a FIR is registered against an accused, his accounts is freezed, along with the  accounts of accused all other accounts to which  money is transferred from the  account of accused and all other accounts from which there are transfers to the  account of accused are freezed. In all probability, you are not the  main accused, only there is some transaction from or to the  account of accused, otherwise you have been arrested by now.

Ravi Shinde
Advocate, Hyderabad
4298 Answers
42 Consultations

Some funds may have credited to your account for which investigation are being conducted 

 

or someone must have complained against you that you have failed to pay his dues 

Ajay Sethi
Advocate, Mumbai
97292 Answers
7857 Consultations

Without any instructions the bank will not freeze your account.

If the bank is reluctant to divulge the details you first issue a legal notice to the bank after you can plan to take it up to court.

T Kalaiselvan
Advocate, Vellore
87494 Answers
2348 Consultations

You can send the legal notice to the cyber crime in writing.

If this notice is not fetching response then you can plan to file a suit against Bank and cyber crime police.

T Kalaiselvan
Advocate, Vellore
87494 Answers
2348 Consultations

Dear Client,

In your instance, it appears that the bank has restricted your account on the basis of a cyber complaint, most likely as a result of a fraud investigation or identity theft. This would be applicable if the fact that the OTP is being sent to a different number suggests that there might be a mistake or that there might be another party connected to the complaint. In order to obtain all the specifics of the complaint and have it referred to you, you need to file a formal complaint right away with the bank and the authorities investigating cybercrime. Additionally, to speed the processing of your involvement-related case, you can just walk to the closest police station or cybercrime cell with an acknowledgment number in hand.In case if it is a mistake or your complaint has no relevance to you, you can ask to have your account unblocked by providing evidence such as bank statements as well as proof of no unlawful transactions. It would also be prudent to seek legal assistance so that in the process you would not miss out on your rights.

Thank you.Hope this answers your query.

Anik Miu
Advocate, Bangalore
10305 Answers
121 Consultations

- The bank is under obligation to inform you before freezing the account , and hence you can lodge a compliant before the bank or RBI for the same. 

- Further, you can send a legal notice to the cyber crime cell to direct the bank to unfreeze the account , after giving the information that you have not committed any offence which is against the law. 

Mohammed Shahzad
Advocate, Delhi
14670 Answers
224 Consultations

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