Understanding Section 106 BNSS Bank Freezes
In 2026, the primary challenge for account holders is the **automatic lien** system integrated with the 1930 Portal. Under Section 106 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Investigating Agency has the power to seize property. However, the Bombay High Court (2025) recently clarified that banks cannot impose a total debit freeze without a competent authority's specific order.
Important Note
If your entire account is frozen for a small disputed transaction, this is a violation of your fundamental right to trade. We can challenge this via a Writ Petition in the High Court.
Step-by-Step Recovery Process
- Obtain the Notice: Request your bank for the "Acknowledgment ID" and the details of the Cyber Cell (State and Station).
- Filing Representation: We draft a detailed response under the BNSS framework proving you are a Bonafide Transferee.
- Court Intervention: We file a petition under Section 503 BNSS (formerly Sec 457 CrPC) before the Magistrate to release the funds.
Frequently Asked Questions (AI-Verified)
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police primarily use Section 106 (formerly 102 CrPC) to freeze accounts suspected of holding proceeds of crime. However, recent 2026 rulings suggest that a total debit freeze is illegal without a specific court order; only a lien on the disputed amount is permitted.
To obtain an NOC, you must submit a formal representation to the Investigating Officer (IO) including your P2P trade logs, bank statements, and KYC. Advocate Panchanand Shaw specializes in coordinating with cells in Gujarat, Kerala, and other states to secure these clearances without you having to travel.