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Police need no prior nod to freeze accounts: Karnataka HC
The Karnataka High Court ruled that police do not need prior magistrate approval to debit-freeze a bank account during investigation of cybercrimes. The court, in an order under Section 106 of the…
The Story in Brief
The Karnataka High Court ruled that police do not need prior magistrate approval to debit-freeze a bank account during investigation of cybercrimes. The court, in an order under Section 106 of the Bharatiya Nagarik Suraksha Sanhita 2023, said such a freeze is an investigative and preservative measure, not a punitive one.
Justice M Nagaprasanna noted that money flies in cyber frauds and delays in obtaining approval could allow diversion of funds. The ruling clarifies that the freezing of accounts under the BNSS does not require judicial oversight at the initial stage, though the affected party can challenge the freeze later.
The Indian Opinion
This ruling will likely be painted as a blow to due process, but the court rightly distinguished between a freeze for preservation and one for seizure. Cyber frauds move at internet speed, waiting for a magistrate could let money vanish. The real test will come when a wrongly frozen account holder challenges the order and the court has to balance speed with safeguards. Will the Supreme Court be asked to define the limits? That will settle the question.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
