Police Can Freeze Bank Accounts U/S 102 CrPC For Crimes Under Prevention Of Corruption Act: Kerala High Court
1 month ago

Police Can Freeze Bank Accounts U/S 102 CrPC For Crimes Under Prevention Of Corruption Act: Kerala High Court

Live Law  

Kerala High Court has held that freezing of a person's bank accounts under Section 102 of Code of Criminal Procedure while investigating his involvement in offences under Prevention of Corruption Act is valid. Hence, the Court held that bank accounts can be seized under Section 102 of CrPC for offences under PC Act. Notably, diverse views have been taken by the High Courts of Madras and Patna with regard to applicability of Section 102 CrPC in seizure and freezing of bank accounts in a criminal case registered under the PC Act. It is challenging this order that she approached High Court, arguing that the attachment was done under Section 102 of CrPC without adhering to the provisions of Criminal Law Amendment Act.

High Court Bank Held High Act Bank Accounts Seizure 102 Crpc Pc Act Section 102 Under Prevention Of Corruption Court K  prevention  high  kerala  crimes  act  held  court  k  seizure  102  freeze  corruption  pc  crpc  bank  ordinance

History of this topic

Four of inter-State gang cheating people of offering online jobs arrested by Madurai district police
1 month ago

Four of inter-State gang cheating people of offering online jobs arrested by Madurai district police

The Hindu  

Four members of an inter-State gang, operating from Kerala and Karnataka, that cheated people of offering part-time online jobs were arrested by Madurai district police. Arvind said that cyber crime police had frozen various bank accounts of the accused with deposits of ₹76.52 lakh. They were arrested acting upon a complaint from a man from Silaiman near Madurai that he …

Can Property Of Person Accused Under Prevention Of Corruption Act Be Seized Or Frozen U/S 102 CrPC? Supreme Court To Decide
1 month, 3 weeks ago

Can Property Of Person Accused Under Prevention Of Corruption Act Be Seized Or Frozen U/S 102 CrPC? Supreme Court To Decide

Live Law  

In the backdrop of divergent High Court views on the point, the Supreme Court is set to decide the issue as to whether Section 102 CrPC, which deals with police officer's power to seize certain property, shall apply to a criminal case registered under the Prevention of Corruption Act. The Court also stayed the operation of the impugned order passed …

Suspicious cryptocurrency deal: 11 bank accounts frozen following flash inspections
2 months ago

Suspicious cryptocurrency deal: 11 bank accounts frozen following flash inspections

The Hindu  

Bank accounts of 11 persons who allegedly carried out cryptocurrency transactions with the support of a Kozhikode-based trading firm evading tax have been frozen by the Income Tax department. According to sources, illegal transactions worth ₹25 crore, which were carried out within the last three years using 1,500 bank accounts, were brought to light following the raid. In the preliminary …

Police Cannot Order Freezing Of Bank Account Without Quantifying Amount Involved In Financial Fraud, Violates Right To Trade: Madras HC
6 months ago

Police Cannot Order Freezing Of Bank Account Without Quantifying Amount Involved In Financial Fraud, Violates Right To Trade: Madras HC

Live Law  

The Madras High Court has recently ruled that the investigating agency cannot order freezing the entire bank account of a person involved in a financial fraud without quantifying the amount involved in the fraud. “No doubt, the statutes empower the investigation agency to request the Bank to freeze the account pending investigation and intimate it forthwith to the jurisdiction Court, …

Madras HC slams cop for freezing bank account of loan defaulter
6 months, 3 weeks ago

Madras HC slams cop for freezing bank account of loan defaulter

New Indian Express  

CHENNAI: The Madras High Court “condemned” a police officer for freezing the bank account of a person in Chennai following complaints of a money dispute, observing it was unjustified unless the funds are proved to be proceeds of a crime. Justice G Jayachandran, in a recent order, said, “A complaint of default in repayment of money will not per se …

Nainital Bank’s server hacking: Police freeze ₹1.90 crore across India
7 months, 3 weeks ago

Nainital Bank’s server hacking: Police freeze ₹1.90 crore across India

Hindustan Times  

Noida: The cybercrime branch police of Noida has got over ₹1.90 crore frozen in various banks located across the country in connection with a Nainital bank’s server hack case in which some unidentified accused allegedly siphoned off ₹16.71 crore in 84 transactions using the bank manager’s credential between June 16 to 20, officers said on Friday. Apart from the frozen …

Bank accounts cannot be frozen under UAPA without satisfaction that funds are being used for banned outfits: Madras High Court
11 months, 3 weeks ago

Bank accounts cannot be frozen under UAPA without satisfaction that funds are being used for banned outfits: Madras High Court

The Hindu  

Bank accounts cannot be frozen under the Unlawful Activities Act, 1967 unless the Centre conducts an inquiry and arrives at a subjective satisfaction of the funds in those accounts having been used or intended to be used for a banned organisation, the Madras High Court has ruled. Ramesh and Sunder Mohan held so while quashing an executive order freezing the …

30 accounts handling ₹158 crore gives an idea of WFH scam
1 year, 1 month ago

30 accounts handling ₹158 crore gives an idea of WFH scam

The Hindu  

The Central Crime Branch officials unearthed a ‘work from home’ scam and arrested 11 people operating from Bengaluru, Hyderabad, and Mumbai. The police claimed that 30 bank accounts, that have been frozen, have been flagged in relation to 2,143 cases across 28 States, including 265 in Karnataka, on the National Cybercrime Reporting Portal. How the WFH scam worked According to …

Karnataka HC Quashes Order Directing Freezing Of Startup Company's Bank Account After Director Was Accused Under NDPS Act
1 year, 1 month ago

Karnataka HC Quashes Order Directing Freezing Of Startup Company's Bank Account After Director Was Accused Under NDPS Act

Live Law  

The Karnataka High Court set aside an order freezing the bank accounts of a startup company after one of the directors was booked for offences punishable under the Narcotics Drugs and Psychotropic Substances Act. Ownpath Learning Private Limited and said “Freezing the bank accounts of the Petitioner - Company in respondent No.2 Bank, is quashed.” The company is a registered …

Plea In Kerala High Court Challenges "Unilateral" Freezing Of Bank Accounts Over Complaint On National Cyber Crime Reporting Portal
1 year, 11 months ago

Plea In Kerala High Court Challenges "Unilateral" Freezing Of Bank Accounts Over Complaint On National Cyber Crime Reporting Portal

Live Law  

A plea has been moved in the Kerala High Court challenging the "unilateral" freezing of bank accounts on the ground of complaints being registered on National Cyber Crime Reporting Portal, a portal maintained by the Central Government to register cyber crimes. Similarly, as regards the 2nd petitioner, it is submitted that the senior Manager and Branch Head of Federal Bank, …

Andhra Pradesh High Court Quashes Direction To Bank To Freeze Firm's Accounts Citing Non-Compliance With Procedure U/S 17(1A) PMLA
2 years ago

Andhra Pradesh High Court Quashes Direction To Bank To Freeze Firm's Accounts Citing Non-Compliance With Procedure U/S 17(1A) PMLA

Live Law  

The single bench of Justice Ravi Nath Tilhari of Andhra Pradesh High Court has quashed the direction to freeze the bank account of a partnership firm accused under PMLA on the ground that the order was not passed under Section 17 and consequently due compliance was not made. The counsel for Petitioner Sri I.Koti Reddy, argued that the order was …

Enforcement Directorate freezes accounts of cyber criminals on cases registered in Kadapa
2 years, 3 months ago

Enforcement Directorate freezes accounts of cyber criminals on cases registered in Kadapa

The Hindu  

The Enforcement Directorate has ordered freeze of ₹64 crore in several bank accounts involved in cyber crime cases reported from Kadapa district. According to Kadapa police, this is for the first time that the ED has cracked the whip in Andhra Pradesh on cyber criminals, especially those who had cheated the public in the garb of making easy money and …

Bank Account Cannot Be Frozen By Way Of Summons U/S 91 CrPC: Madras High Court
2 years, 4 months ago

Bank Account Cannot Be Frozen By Way Of Summons U/S 91 CrPC: Madras High Court

Live Law  

The Madras High Court has held that the police have no jurisdiction to freeze bank accounts while issuing summons under Section 91 of CrPC. While issuing such summons, the investigating officer can only summon a person to produce the document or other things.Justice GK Ilanthiraiyan thus observed as under:Thus, it is clear that the first respondent has. Alleging that the …

S.102(3) CrPC | Info Regarding Freezing Of Bank Account Must Be Given To Jurisdictional Magistrate: Madras High Court
2 years, 7 months ago

S.102(3) CrPC | Info Regarding Freezing Of Bank Account Must Be Given To Jurisdictional Magistrate: Madras High Court

Live Law  

While ordering de-freezing of an account seized pursuant to investigation into a loan fraud, the Madras High Court held that it was an essential requirement of Section 102 of CrPC that information of the seizure should be duly reported to the Magistrate. to forthwith report the seizure before the Magistrate has not been complied with as well as it is …

Section 138 NI Act - Bank Can't Deny Existence Of Account After Returning Cheque With Remark 'Account Frozen' : Supreme Court
3 years ago

Section 138 NI Act - Bank Can't Deny Existence Of Account After Returning Cheque With Remark 'Account Frozen' : Supreme Court

Live Law  

If a cheque is returned by a bank with an endorsement "account frozen", then it presupposes the existence of the account, observed the Supreme Court in a recent case.The Court expressed surprise at the stand of the bank that the no such account was maintained and operated by it, despite returning the cheque with the remark "account frozen".In this background, …

PC Act Is A Code By Itself- Bank Account Of A Person Accused of Prevention of Corruption Act Cannot Be Attached U/S 102 CrPC: Supreme Court
3 years, 6 months ago

PC Act Is A Code By Itself- Bank Account Of A Person Accused of Prevention of Corruption Act Cannot Be Attached U/S 102 CrPC: Supreme Court

Live Law  

The Supreme Court observed that bank account of a person accused under Prevention of Corruption Act cannot be attached invoking Section 102 of Code of Criminal Procedure. "It is not possible to sustain the freezing of the bank account of the appellant taking recourse to Section 102 Cr.P.C. as the Prevention of Corruption Act is a Code by itself", the …

Freezing All Bank Accounts Of Suspect Would Adversely Affect His Right To Life Under Article 21: Karnataka High Court In Online Fraud Case
3 years, 6 months ago

Freezing All Bank Accounts Of Suspect Would Adversely Affect His Right To Life Under Article 21: Karnataka High Court In Online Fraud Case

Live Law  

Granting relief to a shopkeeper whose bank accounts were frozen by the Police in connection with the investigation of an online fraud case, the Karnataka High Court observed that freezing all of a person's bank accounts has an adverse effect on his right to life under Article 21 of the Constitution of India. A single-judge bench of Justice Mohammed Nawaz …

Opinion | Beware of banking cyber frauds
3 years, 8 months ago

Opinion | Beware of banking cyber frauds

India TV News  

Today I want to caution all of you about cyber fraud gangs who are stealing money from bank accounts by posing as bank executives. He used to get the fake bank accounts from Afzal, Ghulam Mustafa and Sanju Debnath, to which swindled money was transferred. The gang members used to persuade tribals living in Jamtara, Asansol and nearby areas to …

Aadhaar [Day-28]There Is No Surveillance Under The Aadhaar Scheme: Senior Advocate Rakesh Dwivedi
6 years, 11 months ago

Aadhaar [Day-28]There Is No Surveillance Under The Aadhaar Scheme: Senior Advocate Rakesh Dwivedi

Live Law  

As the hearing in the string of writ petitions challenging the constitutionality of the Aadhaar project resumed on Thursday, Additional Solicitor General Tushar Mehta continued his submissions on the mandate of linking Aadhaar number with bank accounts under the Prevention of Money Laundering Act of 2002 and the Rules framed thereunder.Referring to sections 2 and 12. As the hearing in …

Aadhaar [Day-28]There Is No Surveillance Under The Aadhaar Scheme: Senior Advocate Rakesh Dwivedi
6 years, 11 months ago

Aadhaar [Day-28]There Is No Surveillance Under The Aadhaar Scheme: Senior Advocate Rakesh Dwivedi

Live Law  

As the hearing in the string of writ petitions challenging the constitutionality of the Aadhaar project resumed on Thursday, Additional Solicitor General Tushar Mehta continued his submissions on the mandate of linking Aadhaar number with bank accounts under the Prevention of Money Laundering Act of 2002 and the Rules framed thereunder.Referring to sections 2 and 12. As the hearing in …

Discover Related