BNSS 2023, Sections 106–107 · Cyber crime debit freeze
Bank account frozen by cyber cell? — application to the bank and police ready
Short answer. The application asking your bank for the freeze details and release of the undisputed balance is open below, with a copy to the investigating officer. Police seizure: A police officer may seize property found in circumstances creating suspicion of an offence and must forthwith report the seizure to the Magistrate (BNSS 2023, Section 106(1), (3)).
- Last day to reply to the show-cause notice (14 days): type the date
- Follow-up if the bank has not answered your application — enter the date the bank received it (7 days is the period you give in the letter, not a legal limit): type the date
Check your own case.
Section 107(2) BNSS: the Court or Magistrate may call upon the person to show cause within fourteen days why an order of attachment shall not be made; if the person does not appear within those 14 days, an ex parte order may be passed (Section 107(4), proviso). The 7-day follow-up is your own deadline.
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Tell me the date on any court notice you receive, and I will show you the last day to reply.
Write the reason for every incoming payment in the table, even if it seems obvious. That is what the police will ask first.
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Deadlines
The rules, with the source
| What | Deadline | Source |
|---|---|---|
| Police seizure | A police officer may seize property found in circumstances creating suspicion of an offence and must forthwith report the seizure to the Magistrate | BNSS 2023, Section 106(1), (3) |
| Attachment of proceeds of crime | Police apply, with approval of the SP or Commissioner, to the Court or Magistrate for attachment | BNSS 2023, Section 107(1) |
| Your right to be heard | Show-cause notice with 14 days to explain; attachment only after considering the explanation and a hearing; ex parte if you do not appear in 14 days | BNSS 2023, Section 107(2), (4) |
| Interim order | If notice would defeat the purpose, the Court may order attachment ex parte as an interim measure | BNSS 2023, Section 107(5) |
| RBI rules on debit holds | Draft amendment directions on temporary debit holds for money-mule and cyber-fraud cases, issued after a Supreme Court order of 4 August 2026; comments until 2 October 2026 | RBI press release 2026-2027/1109, 11 September 2026 |
High Courts have differed on whether police may debit-freeze an account under Section 106 without a Magistrate's order under Section 107. The application does not argue the point: it asks the bank and the police to state in writing on what basis the hold was placed and for what amount.
Step by step
What to do, in order
1
Get the facts from your statement
Note the date the account stopped working, the balance, and any amount shown as lien or hold.
2
Find the credit
Mark the incoming payment that may have triggered the hold and why you received it (sale, salary, refund).
3
Send the application to the branch
Get a stamped received copy, or send by registered post or e-mail to the branch.
4
Send the copy to the police station
Attach proof of the source of money. Offer to give a statement.
5
Watch for a court notice
If you receive a show-cause notice under Section 107, enter its date above: you have 14 days to reply.
6
Next step if nobody answers
An application before the Magistrate having jurisdiction, usually with a lawyer, with this letter as proof that you asked.
Questions
The bank says it cannot tell me anything. What now?
Ask the bank to say so in writing, with the complaint or acknowledgement number. The application asks for this; a written refusal is itself useful in front of the police or the Magistrate.
Can the bank freeze my whole balance for one small disputed credit?
The RBI's September 2026 draft deals with holds on amounts or accounts linked to money-mule activity; it is still a draft. The application asks the bank to restrict the hold to the disputed amount and release the rest.
I was the victim of a fraud, not the receiver. Is this the right letter?
No. If money was taken from your account, use our complaint letter to the bank about an unauthorised transaction.
Official sources
Other documents
Keep the papers in one place
Letters, receipts and notices in one folder you can share with family or a lawyer. The templates and the editor are free; Layers is free for up to 20 people.
This is a ready document and a deadline calculation, not legal advice.