3 Answers
You have to file unfreeze account application before the court.
The court pass an order to unfreeze the applicant account.
Dear Client, as per your query, Your account was probably frozen because the "profit" you made was identified by the National Cyber Crime Reporting Portal (NCRP) as part of a fraudulent money trail. To unfreeze your account, you should immediately contact your Bank Manager and get the Acknowledgement Number and contact information for the Investigating Officer (IO) at the respective Cyber Cell Police Station. You should then file your representation at this police station and provide them with evidence for all your "trading" interactions and prove your innocence in this case. If you do not get a No Objection Certificate (NOC) from this police station for your bank, you should probably consult a lawyer and file your case in the Magistrate Court to unfreeze your account legally. I hope this answer is helpful. In case of further queries, please do not hesitate to contact us.
Thank You.
Dear Client,
The National Crime Reporting Portal is a portal for cyber complaints and financial cyber fraud complaints. When a cyber financial crime is reported, the police often treat the money in the account as suspected property connected with the offence and place a freeze or lien so that the money is not moved during investigation. Under Section 106 of the Bharatiya Nagarik Suraksha Sanhita, police may seize property that is suspected to have been stolen or found under circumstances creating suspicion of an offence, and they must report that seizure. If the police believes that the money is crime related, they can also seek attachment under Section 107 of the BNSS before any competent Court or with the Magistrate. This has to be done after notice and an opportunity to show cause. So, a freeze or lien by itself does not automatically mean that you are guilty. It usually means the account is being held because the police think it may be linked to a cyber offence.
In your case, if you were cheated in the online trading setup, you may involve Section 318 of the Bharatiya Nyaya Sanhita that deals with Cheating. If there was wrongful handling of your money, Section 316 may be attracted, which deals with criminal breach of trust. If the platform used any kind of impersonation or false identity online, Section 66C and 66D of the Information Technology Act may be applied. To attach evidence or supporting documents, Section 61 – 63 of the Bharatiya Sakshya Adhiniyam shall be applied which governs electronic and digital records. Their action can be brought before and challenged in the High Court under Article 226 of the Constitution. If you have any further queries, please feel free to reach out.