Challenging a bank account freeze: BNSS Sections 106 and 107

What the law says about police-requested account freezes, and the remedies open to an account holder.

1 min read

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 106 (which replaced Section 102 of the Code of Criminal Procedure) lets the police seize property connected with an offence and requires the seizure to be reported to the Magistrate. Section 107 requires an order from the Magistrate to attach property believed to be proceeds of crime.

Courts have repeatedly cautioned against blanket debit freezes. The usual position is that only the disputed amount should be held through a lien, on recorded material linking it to the offence, and that freezes should be reviewed rather than left in place indefinitely.

Remedies, in order

  1. Ask the bank in writing for the requesting agency, case number and amount.
  2. Send a representation with documents to the investigating officer.
  3. Apply to the Magistrate for release or modification.
  4. File a writ petition in the High Court where the freeze is without authority or disproportionate.

See the bank account freeze practice page for documents to keep ready and common questions.

Before you contact the office

  • This page is general information about the law, not legal advice for your situation.
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  • Never share OTPs, PINs, passwords, card numbers or full account numbers with anyone, including the office.
  • No outcome can be promised in any matter.

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