Bank Account Frozen by Police or Cyber Cell? How to Get It Unfrozen under Section 106 BNSS

By the legal team at Neeraj Associates · Updated 19 October 2026 · 6 min read

By Adv. Rishi Saxena, Neeraj Associates, Lucknow · 7 min read

Why was my bank account frozen?

Most freezes today come from cyber fraud complaints made through the 1930 helpline or cybercrime.gov.in. When a victim reports a fraud, police trace where the money went and ask banks to hold it. Your account can be caught in this chain even if you did nothing wrong. Common situations:

• You received a UPI or bank payment from someone who was using defrauded money.
• You sold crypto or goods to a buyer who paid with stolen funds.
• You are a shopkeeper or trader and a customer's payment was part of a fraud.
• Your account details were misused, or you lent your account to someone.
• A police investigation names you, your business or a relative.

You usually discover the freeze when a payment or withdrawal fails. Banks often say only that the action was taken on instructions from "law enforcement".

What does Section 106 BNSS allow the police to do?

Section 106 BNSS lets a police officer seize any property alleged or suspected to have been stolen, or found in circumstances that create suspicion of an offence. A bank account is generally treated as "property" for this purpose. After seizing, the officer must report the seizure to the jurisdictional Magistrate.

The BNSS also added a new Section 107, which deals with attachment, forfeiture or restoration of property believed to be proceeds of crime. Unlike Section 106, attachment under Section 107 needs an order from the Magistrate on the police's application.

Section 106 BNSS (old Section 102 CrPC)

• Action: seizure during investigation
• Who decides: the police officer
• Prior court order: not needed; reported to the Magistrate afterwards
• Usual scope: the suspected amount (a lien)

Section 107 BNSS (new)

• Action: attachment or forfeiture of proceeds of crime
• Who decides: the Magistrate, on a police application
• Prior court order: needed
• Usual scope: can extend further after judicial scrutiny

Can the police freeze my entire bank account?

Generally, the seizure should be limited to the amount suspected to be linked to the offence. Courts have generally taken the view that blocking the whole account over a small, identifiable disputed amount is disproportionate, and that wider restraint should go through Section 107 BNSS with a Magistrate's order. A lien on the disputed amount lets you use the rest of your balance; a debit freeze blocks all withdrawals and payments.

How do I get my bank account unfrozen?

1. Get the details from your bank in writing. Ask for the police station, cyber cell or state that sent the request, the complaint or NCRP acknowledgement number, the date, and the amount on hold.
2. Contact the investigating officer. Explain the transaction with proof: invoices, chats, delivery records, crypto exchange records, or KYC of the person who paid you. If you received a disputed amount honestly, offering to keep only that amount on lien often resolves things faster.
3. Apply to the Magistrate. File an application before the Judicial Magistrate seeking release of the account or restriction of the freeze to the disputed amount. Applications are commonly filed under Section 503 BNSS (old Section 457 CrPC) read with Section 106, and in some cases Section 497 BNSS (old Section 451 CrPC).
4. File a writ petition if needed. If the whole account is frozen without a specified amount, without a Section 107 order, or for months with no action, you can approach the High Court under Article 226 of the Constitution; for most central UP districts, the Allahabad High Court at Lucknow.
5. Respond quickly to any release application. If the complainant asks the court to transfer the frozen money to them, you are entitled to be heard before such an order is passed.

What documents should I keep ready?

• Bank's letter or email about the freeze, and recent account statements
• Proof of the source of the disputed credit: invoice, agreement, chat, delivery proof or exchange records
• KYC and business registration (GST, Udyam) if it is a business account
• Proof of hardship if relevant: salary credits, pension, EMI deductions, business payments due
• Copy of any police notice, FIR or NCRP acknowledgement

How long does it take to unfreeze an account?

There is no fixed time. Where police agree to limit the freeze to the disputed amount, it can be quick. A Magistrate application or writ petition takes longer, depending on the court and how many states' police are involved.

Frequently asked questions

Can police freeze a bank account without informing the account holder?

Prior notice is not required for a seizure under Section 106 BNSS, but the police must report the seizure to the Magistrate, and you can ask your bank for the details of the request.

Can police freeze my whole account for a small disputed amount?

Generally, only the suspected amount should be held under Section 106. Wider restraint should come through a Magistrate's order of attachment under Section 107 BNSS.

What is the difference between a lien and a debit freeze?

A lien blocks only a specific amount; you can use the rest of your balance. A debit freeze blocks all withdrawals and payments from the account.

Which court should I approach to unfreeze my account?

The Judicial Magistrate with jurisdiction, by an application for release. A writ petition in the High Court under Article 226 is an option if the freeze is plainly illegal or disproportionate.

Is Section 102 CrPC still applicable?

For investigations started after 1 July 2024, Section 106 BNSS applies. Older matters may still refer to Section 102 CrPC; the principle is essentially the same.

Will my account be unfrozen if I am innocent?

Innocence alone does not lift the freeze automatically. You need to show the transaction was genuine, either to the police or to the court.

Can I withdraw my salary or pension from a frozen account?

Not while a full debit freeze is in place. You can ask the Magistrate or the High Court to limit the freeze to the disputed amount so that the rest of the balance can be used.

About the author

Adv. Rishi Saxena, Senior Partner, Neeraj Associates, Lucknow Email: rishi.saxena@neerajassociates-legal.com · Phone: +91 8960006363

Disclaimer: This article is general information as of October 2026, not legal advice. The law in this area is developing quickly, and every case depends on its facts. Please consult an advocate about your situation.