1 Answer
Based on your situation regarding the bank account lien mark due to withdrawal from a gaming app, here's comprehensive legal guidance:
IS IT A CRIME?
IMPORTANT: **Receipt of money from a gaming app is NOT automatically a crime.** Whether it's criminal depends on:
1. YOUR KNOWLEDGE AND INTENT:
- If you innocently downloaded the app and used it normally = NOT A CRIME for you
- If you knew it was part of a fraud scheme = Could be criminal
- If you were just a regular user = You are a VICTIM/WITNESS, not an accused
2. THE GAMING APP:
- Many online gaming/betting apps are linked to cyber fraud chains
- Money you withdrew may have come from accounts used in frauds
- Police track such transactions and place lien marks on recipient accounts
WHAT IS A LIEN MARK?
- A lien is a TEMPORARY FREEZE on your account by Cyber Cell/Crime Branch
- The amount cannot be withdrawn during investigation
- It does NOT mean you are automatically charged with a crime
- It's an investigation tool to trace fraud money flow
YOUR IMMEDIATE SITUATION:
ARREST RISK: **LOW to NEGLIGIBLE** if:
✓ You have proof of legitimate app usage
✓ Amount involved is small
✓ You cooperate with authorities
✓ You are innocent user without fraud intent
WHAT YOU MUST DO IMMEDIATELY:
STEP 1: VISIT CYBER CRIME CELL (WITHIN 2-3 DAYS)
- Go to the Cyber Crime police station in your city
- Ask for details about the lien:
* Which FIR is it related to?
* Are you named as accused or just account holder?
* What is the status of investigation?
STEP 2: GATHER ALL DOCUMENTS:
Collect and keep ready:
- Bank statements
- Gaming app screenshots and transaction history
- App download proof (Google Play/App Store)
- Your ID proofs and address proof
- Any communication with the gaming app
- Proof of your income/employment
STEP 3: SUBMIT WRITTEN EXPLANATION:
Prepare a written statement explaining:
- You downloaded the app believing it to be legitimate
- You made normal gaming transactions
- You had no knowledge of any criminal activity
- You are willing to cooperate fully with investigation
- Request lien removal after verification
STEP 4: DO NOT PANIC OR AVOID AUTHORITIES
- Ignoring the situation will make it worse
- Proactive cooperation shows innocence
- Be honest and transparent in all dealings
LEGAL PROVISIONS (if FIR exists):
If there is an FIR, typical sections involved:
- Section 66D IT Act (cheating by personation using computer)
- Section 420 IPC (cheating)
- Section 120B IPC (criminal conspiracy)
HOWEVER: These apply to OPERATORS/FRAUDSTERS, not innocent users.
YOUR LEGAL RIGHTS:
1. RIGHT TO BE HEARD:
- You have the right to explain your side
- Submit written statements and documents
2. RIGHT TO LEGAL REPRESENTATION:
- If situation becomes serious, engage a cyber crime lawyer
- They can file application for lien removal
3. APPLICATION FOR LIEN REMOVAL:
- Can be filed with Investigating Officer
- Or through court under Section 451/457 CrPC
4. ANTICIPATORY BAIL (if needed):
- If there's threat of arrest
- File under Section 438 CrPC
- Given small amount, should be easily granted
WHAT TO EXPECT:
TIMELINE:
- Investigation typically takes 15-90 days
- Lien removal can take 1-6 months
- If you're innocent, lien will be released eventually
LIKELY OUTCOME FOR INNOCENT USER:
- Police may call you for statement recording
- After verification, lien will be released
- No arrest if you cooperate and prove innocence
- No chargesheet filed against innocent recipients
IMPORTANT DOS AND DON'TS:
DO:
✓ Visit Cyber Cell immediately
✓ Maintain all documents
✓ Cooperate fully
✓ Be truthful in statements
✓ Consult lawyer if situation escalates
DON'T:
✗ Ignore the lien mark
✗ Avoid police communication
✗ Delete app or transaction records
✗ Make false statements
✗ Panic unnecessarily
ADDITIONAL INFORMATION NEEDED:
To give more specific advice, please clarify:
1. What is the amount under lien?
2. Which gaming app was it?
3. Have you received any police notice/summons?
4. When was the lien mark placed?
5. Have you been contacted by police?
CONCLUSION:
**DO NOT PANIC.** Based on your description:
- You appear to be an innocent user
- The lien is part of routine investigation
- Arrest is HIGHLY UNLIKELY if you cooperate
- This situation is resolvable with proper handling
RECOMMENDED IMMEDIATE ACTION:
Tomorrow morning, visit your nearest Cyber Crime police station, carry all documents, submit written explanation, and request information about the investigation. This proactive step will demonstrate your innocence.
DISCLAIMER: This is general legal information based on Indian cyber crime laws and CrPC. Specific legal advice requires detailed review of your case. This response does not create an attorney-client relationship. If you receive any legal notice or summons, immediately consult a qualified cyber crime lawyer in your city.