Solution for Bank Account frozen by Cyber Police due to P2P Trading (India)

[krypto09]

Hi, my account got frozen by axis due to noticefrom cyber cell. This was because of p2p trade on wazirx.
 bank got 2 notice. both are under crpc 91. Axis bank is contesting they have power under crpc 91 to freeze!

Request your advice

[HypeManBoosted]

Hi, my account got frozen by axis due to noticefrom cyber cell. This was because of p2p trade on wazirx.
 bank got 2 notice. both are under crpc 91. Axis bank is contesting they have power under crpc 91 to freeze!

Request your advice

Neither the bank nor the police have any power to freeze your account under Section-91 CrPC. It's illegal and contrary to law. Obtain a copy of the notice from the bank. Read thoroughly to check if there is any instruction for freezing your account or if the notice is general in nature.

[HypeManBoosted]

If your bank repeatedly claims that they have powers to freeze your account under section 91 then show them the following:

Mohd Rizwan Ansari vs. State of Uttarakhand & Others. Writ Petition (M/S) No. 699 of 2021

In paragraphs 10 & 11 the Hon'ble Uttarakhand High Court stated:

"10. In view of the aforesaid legal position, this Court has no hesitation in holding that the direction issued by the Investigating Officer under Section 91 of Cr.P.C. to the Branch Managers to freeze the Bank Accounts of the petitioner, is not sustainable in the eyes of law.

11. In such view of the matter,  the Banks are not bound to comply with such direction as regards freezing of Saving Bank Accounts of the petitioner. "

The bank cannot go against the HC's decision. Tell them you will be sending them a show-cause notice soon and will drag them to court and sue for damages for violating your personal liberty under Article 21 of the constitution.

You can download a copy of the above-mentioned judgment here:
https://app.box.com/s/f119n0cbsf7vorgnx1hv3wn61eauqpqm

[Premprince16]

If your bank repeatedly claims that they have powers to freeze your account under section 91 then show them the following:

Mohd Rizwan Ansari vs. State of Uttarakhand & Others. Writ Petition (M/S) No. 699 of 2021

In paragraphs 10 & 11 the Hon'ble Uttarakhand High Court stated:

"10. In view of the aforesaid legal position, this Court has no hesitation in holding that the direction issued by the Investigating Officer under Section 91 of Cr.P.C. to the Branch Managers to freeze the Bank Accounts of the petitioner, is not sustainable in the eyes of law.

11. In such view of the matter,  the Banks are not bound to comply with such direction as regards freezing of Saving Bank Accounts of the petitioner. "

The bank cannot go against the HC's decision. Tell them you will be sending them a show-cause notice soon and will drag them to court and sue for damages for violating your personal liberty under Article 21 of the constitution.

You can download a copy of the above-mentioned judgment here:
https://app.box.com/s/f119n0cbsf7vorgnx1hv3wn61eauqpqm

Hello sir,

I'm prem. my bank acc got freezed on nov 30rth, 2021. Freeze came from mumbai police station. And the freeze came for doing p2p transactions on binance. I have got the complaint letter from my bank. It is mentioned in the letter as follows.
"Tulinj police station had registered C r no 1163/21, u/s 420,34 of IPC r/w 66 (c)(d) of information technology act 2000 dt 18/09/2021". I called the resp officer and he asked me to come to the station to give my statement.
i have gone to the tulinj station to give my statement on 27th dec and gave my statement. Its been nearly 1.5 month from the freeze date. when i called the officer recently , he said he cannot do anything and we need to wait till main culprit is found . And i didnt get any direct complaint from anyone to freeze my account , its just chain freeze kind. Officer said Some fraudsters using scam money to buy crypto from you , so thats y money to came to your account and got freezed.
Can you please guide me on what to do next and how to get my acc unfreezed?

[UmerIdrees]

This post is for those people who are innocent and have their bank account frozen due to a debit freeze order from Cyber Police.

I am from Pakistan and we also have the same situation where the government authorities are willing to arrest people who are big dealers in crypto P2P. Is India also facing the same issue and crypto is illegal in India too 

I wonder when our governments will understand that crypto is the need of the time and banning will not help anyone. Regulating crypto will not only help people and the governments but the frauds could be minimized too.

[HypeManBoosted]

If your bank repeatedly claims that they have powers to freeze your account under section 91 then show them the following:

Mohd Rizwan Ansari vs. State of Uttarakhand & Others. Writ Petition (M/S) No. 699 of 2021

In paragraphs 10 & 11 the Hon'ble Uttarakhand High Court stated:

"10. In view of the aforesaid legal position, this Court has no hesitation in holding that the direction issued by the Investigating Officer under Section 91 of Cr.P.C. to the Branch Managers to freeze the Bank Accounts of the petitioner, is not sustainable in the eyes of law.

11. In such view of the matter,  the Banks are not bound to comply with such direction as regards freezing of Saving Bank Accounts of the petitioner. "

The bank cannot go against the HC's decision. Tell them you will be sending them a show-cause notice soon and will drag them to court and sue for damages for violating your personal liberty under Article 21 of the constitution.

You can download a copy of the above-mentioned judgment here:
https://app.box.com/s/f119n0cbsf7vorgnx1hv3wn61eauqpqm

Hello sir,

I'm prem. my bank acc got freezed on nov 30rth, 2021. Freeze came from mumbai police station. And the freeze came for doing p2p transactions on binance. I have got the complaint letter from my bank. It is mentioned in the letter as follows.
"Tulinj police station had registered C r no 1163/21, u/s 420,34 of IPC r/w 66 (c)(d) of information technology act 2000 dt 18/09/2021". I called the resp officer and he asked me to come to the station to give my statement.
i have gone to the tulinj station to give my statement on 27th dec and gave my statement. Its been nearly 1.5 month from the freeze date. when i called the officer recently , he said he cannot do anything and we need to wait till main culprit is found . And i didnt get any direct complaint from anyone to freeze my account , its just chain freeze kind. Officer said Some fraudsters using scam money to buy crypto from you , so thats y money to came to your account and got freezed.
Can you please guide me on what to do next and how to get my acc unfreezed?

Hello Prem. Thank you for sharing the details.

First of all, you need to check the freeze order copy for specific instructions to freeze your account. The second thing you need to check is if the freeze notice is under Section 91 or 102. You will find this information at the top of the notice. Has any FIR been registered in this matter?

Once you provide this information I will guide you with a future course of action. You can also send me a private message if you do not wish to share details publicly.

[Premprince16]

If your bank repeatedly claims that they have powers to freeze your account under section 91 then show them the following:

Mohd Rizwan Ansari vs. State of Uttarakhand & Others. Writ Petition (M/S) No. 699 of 2021

In paragraphs 10 & 11 the Hon'ble Uttarakhand High Court stated:

"10. In view of the aforesaid legal position, this Court has no hesitation in holding that the direction issued by the Investigating Officer under Section 91 of Cr.P.C. to the Branch Managers to freeze the Bank Accounts of the petitioner, is not sustainable in the eyes of law.

11. In such view of the matter,  the Banks are not bound to comply with such direction as regards freezing of Saving Bank Accounts of the petitioner. "

The bank cannot go against the HC's decision. Tell them you will be sending them a show-cause notice soon and will drag them to court and sue for damages for violating your personal liberty under Article 21 of the constitution.

You can download a copy of the above-mentioned judgment here:
https://app.box.com/s/f119n0cbsf7vorgnx1hv3wn61eauqpqm

Hello sir,

I'm prem. my bank acc got freezed on nov 30rth, 2021. Freeze came from mumbai police station. And the freeze came for doing p2p transactions on binance. I have got the complaint letter from my bank. It is mentioned in the letter as follows.
"Tulinj police station had registered C r no 1163/21, u/s 420,34 of IPC r/w 66 (c)(d) of information technology act 2000 dt 18/09/2021". I called the resp officer and he asked me to come to the station to give my statement.
i have gone to the tulinj station to give my statement on 27th dec and gave my statement. Its been nearly 1.5 month from the freeze date. when i called the officer recently , he said he cannot do anything and we need to wait till main culprit is found . And i didnt get any direct complaint from anyone to freeze my account , its just chain freeze kind. Officer said Some fraudsters using scam money to buy crypto from you , so thats y money to came to your account and got freezed.
Can you please guide me on what to do next and how to get my acc unfreezed?

Hello Prem. Thank you for sharing the details.

First of all, you need to check the freeze order copy for specific instructions to freeze your account. The second thing you need to check is if the freeze notice is under Section 91 or 102. You will find this information at the top of the notice. Has any FIR been registered in this matter?

Once you provide this information I will guide you with a future course of action. You can also send me a private message if you do not wish to share details publicly.

Hii,
Main FIR is under section 154.
Anymore details needed sir ?
Im unable to send you a direct message sir, as you have disabled messages from newbies on this website.

[Findingnemo]

This post is for those people who are innocent and have their bank account frozen due to a debit freeze order from Cyber Police.

I am from Pakistan and we also have the same situation where the government authorities are willing to arrest people who are big dealers in crypto P2P. Is India also facing the same issue and crypto is illegal in India too 

I wonder when our governments will understand that crypto is the need of the time and banning will not help anyone. Regulating crypto will not only help people and the governments but the frauds could be minimized too.

AFAIK, cryptocurrencies and cryptocurrency trading in any form is completely legal now but the banks are against it but it was overuled by the SC judgement now many exchanges even working there and depositing fiat from banks. So the only issue is not related with the cryptocurrency it maybe something related to the source of funds and it will take time to move this case legally and even for years in country like India if I am not wrong.

[HypeManBoosted]

If your bank repeatedly claims that they have powers to freeze your account under section 91 then show them the following:

Mohd Rizwan Ansari vs. State of Uttarakhand & Others. Writ Petition (M/S) No. 699 of 2021

In paragraphs 10 & 11 the Hon'ble Uttarakhand High Court stated:

"10. In view of the aforesaid legal position, this Court has no hesitation in holding that the direction issued by the Investigating Officer under Section 91 of Cr.P.C. to the Branch Managers to freeze the Bank Accounts of the petitioner, is not sustainable in the eyes of law.

11. In such view of the matter,  the Banks are not bound to comply with such direction as regards freezing of Saving Bank Accounts of the petitioner. "

The bank cannot go against the HC's decision. Tell them you will be sending them a show-cause notice soon and will drag them to court and sue for damages for violating your personal liberty under Article 21 of the constitution.

You can download a copy of the above-mentioned judgment here:
https://app.box.com/s/f119n0cbsf7vorgnx1hv3wn61eauqpqm

Hello sir,

I'm prem. my bank acc got freezed on nov 30rth, 2021. Freeze came from mumbai police station. And the freeze came for doing p2p transactions on binance. I have got the complaint letter from my bank. It is mentioned in the letter as follows.
"Tulinj police station had registered C r no 1163/21, u/s 420,34 of IPC r/w 66 (c)(d) of information technology act 2000 dt 18/09/2021". I called the resp officer and he asked me to come to the station to give my statement.
i have gone to the tulinj station to give my statement on 27th dec and gave my statement. Its been nearly 1.5 month from the freeze date. when i called the officer recently , he said he cannot do anything and we need to wait till main culprit is found . And i didnt get any direct complaint from anyone to freeze my account , its just chain freeze kind. Officer said Some fraudsters using scam money to buy crypto from you , so thats y money to came to your account and got freezed.
Can you please guide me on what to do next and how to get my acc unfreezed?

Hello Prem. Thank you for sharing the details.

First of all, you need to check the freeze order copy for specific instructions to freeze your account. The second thing you need to check is if the freeze notice is under Section 91 or 102. You will find this information at the top of the notice. Has any FIR been registered in this matter?

Once you provide this information I will guide you with a future course of action. You can also send me a private message if you do not wish to share details publicly.

Hii,
Main FIR is under section 154.
Anymore details needed sir ?
Im unable to send you a direct message sir, as you have disabled messages from newbies on this website.

The freeze notice has to be under Section 91 or Section 102 CrpC. This notice will be available with the bank. Did you check under which section it was sent?

I have enabled personal messages. You can contact me via PM.

[sumitk1]

I am facing the same issue. My account with HDFC Bank is in debit freeze state for more than 6 months now.

@HypeManBoosted I have sent you PM, let me know if you could suggest next steps

[Easteregg69]

I voted for Fantom India. As a monetary democracy.

Soeh. I get paid for my votes.

[HypeManBoosted]

I am facing the same issue. My account with HDFC Bank is in debit freeze state for more than 6 months now.

@HypeManBoosted I have sent you PM, let me know if you could suggest next steps

I have replied earlier. My best wishes for a speedy solution.

[sumitk1]

I am facing the same issue. My account with HDFC Bank is in debit freeze state for more than 6 months now.

@HypeManBoosted I have sent you PM, let me know if you could suggest next steps

I have replied earlier. My best wishes for a speedy solution.

Thank you! I will follow the suggested approach, hope it works out well.

Thanks again!

[chmubarak]

Thank you for sharing your knowledge, I got the releasing order from the court under sec 457 crpc. for me the case was registered in different state, and I wasted 6 moths just because i didn't know about the procedure. and local lawyers have less knowledge about this crypto related issue. But this post helped a lot and gave me more idea about how our justice system works. god bless you

[HypeManBoosted]

Thank you for sharing your knowledge, I got the releasing order from the court under sec 457 crpc. for me the case was registered in different state, and I wasted 6 moths just because i didn't know about the procedure. and local lawyers have less knowledge about this crypto related issue. But this post helped a lot and gave me more idea about how our justice system works. god bless you

Well done. All the best for your future.

Here is an image for everyone's reference:

[NotATether]

3. You have no proper records of your transactions and you may have done them directly through telegram or signal.

May I recommend to everyone reading the above (well written) notice that they should also NEVER take part in transactions on social media platforms where you are the seller, except in cases where you know  the receipents well (for example, from this forum, and you are paying them for work).

That will save you from a lot of legal trouble later as you have no idea if they are shady or what they are even doing at the other side of the screen.

Please note that you can also launch a complaint against your bank for an illegal freeze on the Public Grievance Portal.

Can someone from india tell me if the institution handling that gets a lot of such complaints, thereby getting overwhelmed with them and thus some people do not get replies?

If you're not getting replies from a complaint body, then obviously, it won't help you much! (the Better Business Buerau immediately comes to mind as they have no actual power over companies to change their ethics).

During interrogation you have three important rights which you should always remember:

1. Right to remain silent: Article 21 of the constitution and Section 161(2) of the CrPC allows you to protect yourself against self-incrimination. They cannot physically or mentally coerce you to give a confession. Even during police interrogation, you are entitled to remain silent, therefore a police officer insisting on revealing your passcode to unlock your mobile phone and to open your e-mail accounts also amounts to compelling you to be a witness against yourself, which is in violation of Section 161 (2) of the Code of Criminal Procedure and also under articles 20 clause (3) and 21 of the Constitution.

It should be mentioned that most of the time, these demands to see your mobile phone or email will usually not mount into any evidence for or against you, particularly if there is hardly any data at all inside it about the crime.

[HypeManBoosted]

3. You have no proper records of your transactions and you may have done them directly through telegram or signal.

May I recommend to everyone reading the above (well written) notice that they should also NEVER take part in transactions on social media platforms where you are the seller, except in cases where you know  the receipents well (for example, from this forum, and you are paying them for work).

That will save you from a lot of legal trouble later as you have no idea if they are shady or what they are even doing at the other side of the screen.

Please note that you can also launch a complaint against your bank for an illegal freeze on the Public Grievance Portal.

Can someone from india tell me if the institution handling that gets a lot of such complaints, thereby getting overwhelmed with them and thus some people do not get replies?

If you're not getting replies from a complaint body, then obviously, it won't help you much! (the Better Business Buerau immediately comes to mind as they have no actual power over companies to change their ethics).

During interrogation you have three important rights which you should always remember:

1. Right to remain silent: Article 21 of the constitution and Section 161(2) of the CrPC allows you to protect yourself against self-incrimination. They cannot physically or mentally coerce you to give a confession. Even during police interrogation, you are entitled to remain silent, therefore a police officer insisting on revealing your passcode to unlock your mobile phone and to open your e-mail accounts also amounts to compelling you to be a witness against yourself, which is in violation of Section 161 (2) of the Code of Criminal Procedure and also under articles 20 clause (3) and 21 of the Constitution.

It should be mentioned that most of the time, these demands to see your mobile phone or email will usually not mount into any evidence for or against you, particularly if there is hardly any data at all inside it about the crime.

Please note the paragraph about the mobile phone is for extreme cases where custodial interrogation takes place. In most cases it wont goto such extreme.
In India Ministry of Home Affairs, Police and the Courts handle issues related with crypto associated fraud.

[Findingnemo]

Snip~

Please note the paragraph about the mobile phone is for extreme cases where custodial interrogation takes place. In most cases it wont goto such extreme.
In India Ministry of Home Affairs, Police and the Courts handle issues related with crypto associated fraud.

No offense but most of the time online scams and their funds will never taken back that is why its better to be aware before losing. Probably the law says like that but we never know what happens in reality and actually in India there is no transparency so expecting the fraudsters to get caught and return your money is just waste of time.

[HypeManBoosted]

Snip~

Please note the paragraph about the mobile phone is for extreme cases where custodial interrogation takes place. In most cases it wont goto such extreme.
In India Ministry of Home Affairs, Police and the Courts handle issues related with crypto associated fraud.

No offense but most of the time online scams and their funds will never taken back that is why its better to be aware before losing. Probably the law says like that but we never know what happens in reality and actually in India there is no transparency so expecting the fraudsters to get caught and return your money is just waste of time.

Sorry for the late reply, but the Police have successfully recovered stolen money in numerous circumstances. They should never be underestimated. The success rate depends on how quickly you report the fraud.

[Findingnemo]

Snip~

Please note the paragraph about the mobile phone is for extreme cases where custodial interrogation takes place. In most cases it wont goto such extreme.
In India Ministry of Home Affairs, Police and the Courts handle issues related with crypto associated fraud.

No offense but most of the time online scams and their funds will never taken back that is why its better to be aware before losing. Probably the law says like that but we never know what happens in reality and actually in India there is no transparency so expecting the fraudsters to get caught and return your money is just waste of time.

Sorry for the late reply, but the Police have successfully recovered stolen money in numerous circumstances. They should never be underestimated. The success rate depends on how quickly you report the fraud.

Recovered or traced? Don't take reference from media outlets they just misinterpret the statements from the actual reality for their own hype. And also any individuals got their money into their bank account?

If yes then the department done excellent job while on majority of cases the results will never be achieved.