Unfreezing a bank account involved in a cybercrime investigation requires following legal and procedural steps. Here’s what you can do:
1. Understand the Reason for Freezing
- Accounts may be frozen due to a cybercrime complaint, fraudulent activity, or suspicious transactions flagged by the bank.
- Contact your bank to understand why the account was frozen. They may provide a reference to the law enforcement agency or the specific reason behind the action.
2. Gather Relevant Documents
- Collect documents proving your identity (e.g., Aadhaar card, PAN card, passport).
- Gather documents related to the transactions in question, such as invoices, receipts, or contracts, to prove their legitimacy.
- Obtain your bank statements for the period under scrutiny.
3. Approach the Cybercrime Police
- File a formal request or representation at the local Cyber Crime Cell if you believe the freezing was unjustified or based on a misunderstanding.
- Provide the necessary evidence to support your claim and cooperate fully with their investigation.
4. File a Representation with the Bank
- Submit a written request to the bank, explaining the issue and attaching all necessary documents.
- Ask the bank for the specific conditions or permissions required to unfreeze the account.
5. Legal Recourse
- If the account remains frozen without clear communication or resolution, consult a lawyer.
- You can file a writ petition in the High Court under Article 226 of the Constitution of India if you feel your fundamental rights are being violated (e.g., the right to livelihood).
- Ensure to make both the bank and investigating agency respondents in the petition.
6. Preventive Measures
- Avoid unauthorized or suspicious transactions.
- Regularly monitor your account and immediately report any fraudulent activity.
Application Format to Unfreeze Bank Account
To,
The Officer-in-Charge,
[Cyber Crime Police Station Name],
[City/State]
Subject: Request to Unfreeze My Bank Account – [Account Number]
Respected Sir/Madam,
I, [Your Full Name], residing at [Your Address], am the account holder of [Bank Name], Account Number [Your Account Number]. My account has been frozen due to [reason, e.g., suspicion of fraudulent activity or an ongoing investigation].
I would like to bring to your attention that I am not involved in any unlawful activities, and the transactions in my account are legitimate. [Provide details of your case, e.g., “I have attached evidence of the transactions, such as salary receipts and bank statements, for your reference.”]
Kindly find attached the following documents for your review:
- A copy of my Aadhaar Card/PAN Card.
- A copy of my bank account statement for the past [X months].
- Proof of legitimate transactions (invoices, salary slips, etc.).
- [Any other relevant document related to the case, e.g., FIR copy].
I kindly request you to investigate the matter and issue a No Objection Certificate (NOC) or direct the bank to unfreeze my account. I am willing to cooperate fully with the investigation to resolve this matter at the earliest.
I shall be grateful for your prompt action.Thanking you,
Yours sincerely,
[Your Full Name]
[Your Contact Number]
[Your Email Address]
