The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the century-old Criminal Procedure Code (CrPC), introduced modernized procedures for investigation, seizure, and evidence management in the digital age. Among its important updates are specific provisions that empower law enforcement, including the Cyber Crime Units, to restrict or seize financial assets such as bank accounts during cybercrime investigations.
Understanding Bank Lien under Cyber Law
A bank lien occurs when the Cyber Cell or an investigating agency instructs a bank to freeze or restrict withdrawal of funds in an account. This is done to ensure that money linked to a crime, fraud, or suspicious transaction is not withdrawn before investigation is completed. The lien is a temporary preventive measure, not a permanent confiscation.
Legal Provisions in BNSS 2023 Relevant to Bank Lien
The BNSS 2023 provides a clearer legal foundation for the seizure or restriction of financial assets connected with digital or financial crimes. Key sections include:
Section 185 – Seizure of Property and Electronic Evidence
This section authorizes the Investigating Officer (IO) to seize or restrict access to any property, document, or electronic record believed to be connected with an offence.
In cases of cyber fraud or digital payment scams, this allows the Cyber Cell to issue a bank lien order to preserve funds for evidence or victim compensation.
Section 187 – Procedure for Handling Seized Assets
Under Section 187, once an account is frozen, the IO must:
- Prepare a written record stating the reason for seizure or restriction.
- Submit a report to the Magistrate having jurisdiction.
- Ensure that property or funds are not kept under lien longer than necessary.
The Magistrate can then order continuation, modification, or removal of the lien based on the facts of the investigation.
Section 357 – Compensation and Restitution
This section focuses on protecting victims. It allows funds held under lien to be preserved so victims of cyber fraud can receive monetary compensation after the case is concluded.
However, this also ensures protection to innocent account holders, as only proven amounts connected to the crime can be retained.
Rights of the Account Holder under BNSS 2023
The BNSS 2023 recognizes procedural fairness. If your bank account is frozen under a cyber investigation:
- You have the right to seek a copy of the freeze or lien order.
- You can file a written representation to the Cyber Cell or the Magistrate for early release.
- The IO is required to justify the continued lien, failing which it must be removed.
- You may engage a cyber law advocate to submit an application for unfreezing or NOC issuance.
Process to Seek Lien Removal under BNSS 2023
To get your bank account unfreezed under BNSS 2023:
- Submit a written request to the Cyber Crime Branch that initiated the lien, along with bank details and supporting transaction proofs.
- Attach identity documents, income proofs, and any correspondence with the bank.
- Request issuance of a No Objection Certificate (NOC) after verification.
- If the Cyber Cell does not respond, file an application under Section 185/187 before the Judicial Magistrate or High Court.
- A court order can then direct the bank to remove the lien and restore full account access.
Practical Example
If an NRI’s or resident Indian’s bank account is found to have received money from a fraudulent trading or investment app, the Cyber Cell may mark a lien. Under BNSS 2023, the officer must document the reason, report to the Magistrate, and allow the person to present proof of legitimacy.
Once verified, the lien can be revoked through a court or Cyber Cell NOC.
The BNSS 2023 ensures a balanced approach to cybercrime investigations — empowering the police to secure digital evidence and funds while protecting citizens from arbitrary or prolonged freezes.
Every individual, especially NRIs and online traders, should maintain clear transaction records and promptly respond to any cyber inquiry to avoid unnecessary financial hardship.
Disclaimer
This article is intended solely for educational and informational purposes. It is not meant for solicitation, advertisement, or legal promotion. For genuine cybercrime complaints or verification, please visit the official government website www.cybercrime.gov.in or contact the National Cyber Helpline at 1930.