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MP High Court Frames Guidelines To Stop Banks From Freezing Entire Accounts Over Minor Cyber Fraud Amounts
['Himanshi Hans']
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The Madhya Pradesh High Court has stepped in to fix a problem quietly wrecking small businesses across the country: banks freezing entire accounts over cyber fraud complaints, even when the disputed amount is a tiny fraction of the balance.
In a significant order, Justice Himanshu Joshi has laid down detailed guidelines to ensure investigating agencies and banks freeze only what is necessary, not an account holder's entire life savings or working capital.
2.51 crore was frozen following a cyber fraud notice under Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 102 of CrPC).
The Court also cautioned that "mere suspicion without supporting material shall not justify indefinite continuation of freezing," and that officers must periodically review whether continued freezing remains proportionate.
Disposing of the petition, the Court directed respondent authorities to examine Archana's representation strictly as per the SOP and the guidelines framed, and to pass a reasoned order if freezing of the entire account is to continue.