Now Reading: Karnataka HC rules police can freeze bank accounts without court nod
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Karnataka HC rules police can freeze bank accounts without court nod
The Karnataka high court has ruled that police do not need prior permission from a magistrate to freeze a bank account during an investigation. Justice M Nagaprasanna held that such action falls…
The Story in Brief
The Karnataka high court has ruled that police do not need prior permission from a magistrate to freeze a bank account during an investigation. Justice M Nagaprasanna held that such action falls under Section 106 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the new equivalent of Section 102 of the Code of Criminal Procedure. The court rejected arguments from Jar Gold Retail Pvt Ltd that freezing accounts required judicial approval under Section 107 of BNSS.
Justice Nagaprasanna said the two provisions are complementary, not competitive. He warned that requiring prior judicial approval for debit freezes would be 'catastrophic' for cybercrime probes, where stolen funds move between accounts in seconds. The ruling came on a police petition challenging a sessions court order that had directed the release of seized metals and unfreezing of accounts linked to an alleged unregulated deposit scheme.
The Indian Opinion
Some will cry that this ruling gives police unchecked power over citizens' money. But the court rightly distinguished seizure under Section 106, a temporary freeze reported immediately to a magistrate, from attachment under Section 107, which requires a judicial order. In cyber-fraud cases, waiting for court approval means the money is gone. The real test will be how police use this power: will they freeze accounts only when genuinely investigating fraud, or will it become a routine harassment tool? Watch for the number of wrongful freezes challenged in lower courts.
Source: timesofindia.indiatimes.com
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