How To Avoid Cyber Crimes That May Freeze Your Account?
Awareness of emails, messages, or calls asking for sensitive information. Phishing scams use fake emails or messages to trick you into sharing personal or financial information. Vishing scams work similarly but happen over the phone.
Learn to identify and block smishing (SMS) attacks. Identity theft happens when someone uses your personal information to commit fraud, like taking over accounts, transferring money, or opening credit in your name. This can occur through malware, phishing scams, or even stealing your mail or trash.
Shred sensitive documents before discarding them.
Avoid clicking on suspicious links or email attachments.
Regularly review your credit report for unusual activity.
Avoid transactions with unknown individuals or deals that seem insignificant. Use strong, unique passwords for each account and enable multi-factor authentication (MFA).
Monitor your accounts regularly for unauthorized transactions and report suspicious activity immediately.
How To Unfreeze A Bank Account Frozen Due To A Cyber Complaint?
If your bank account is frozen due to a cyber-related issue, follow these steps to resolve it:
- Contact Your Bank: Reach out to understand why the freeze occurred and gather necessary documents related to your account and transactions.
- Seek Legal Help: Consult a professional specializing in cybercrime to guide you through the process and provide representation if needed.
- Cooperate with Authorities: Respond promptly to law enforcement requests and provide any required information to support the investigation.
- File a writ petition: If necessary, file a petition in court under relevant sections of the to challenge the freeze.
- Resolve Disputes: Negotiate with any involved parties to address outstanding issues that may have caused the freeze.
Are Authorities Allowed To Freeze Bank Accounts Due To Cyber Complaints?
In financial fraud cases, police often freeze entire bank accounts during investigations.
However, in a 2024 ruling, the Madras High Court clarified that authorities should only freeze the specific amount tied to the alleged fraud, protecting the account holder’s rights.
In the case of Mohammed Saifullah vs. Reserve Bank of India and Others, a bank account was fully frozen during a cybercrime investigation involving cryptocurrency transactions. The Cyber Crime Bureau of Cyberabad, Telangana, instructed the freeze based on suspicions of ₹2,48,835 being linked to the fraud, even though the account held a total of ₹9,69,580. Despite over a year passing, neither the investigating agency nor the bank provided the account holder with detailed reasons for the freeze or a timeline for resolution.
This led the petitioner to approach the court, seeking a directive to release the funds and unfreeze the account. Justice G. Jayachandran ruled that freezing an entire account without specifying the amount involved or a time frame violated fundamental rights, including the right to livelihood and the freedom to trade and conduct business. The court ordered the bank to unfreeze the account while retaining a lien on ₹2,50,000. The account holder was permitted to use the account, provided a minimum balance of ₹2,50,000 was maintained.
Conclusion
Facing a frozen bank account during a cybercrime investigation can be difficult, but understanding your rights and the legal procedures can help resolve the issue. Seeking advice from a cybercrime lawyer, working with authorities, and using the appropriate legal remedies can safeguard your finances and livelihood. Staying informed and proactive can help you navigate such situations effectively while adhering to legal requirements.
