• Bank account frozen due to cyber complaint

Hi All,
My account git frozen due to cyber complaint and played online gaming due to withdraw the account went to frozen and I am an software employee I don't think it will effect for my job due to that one not able to get bank statement and connected bank nonresponse and cyber team also doesn't respond.its around 6 months what I need to do.is ie effect recent gaming law
Asked 2 months ago in Criminal Law
Religion: Hindu

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29 Answers

Dear Sir,

 

  • Since 1 October 2025, the Promotion and Regulation of Online Gaming Act, 2025 is in force, and it bans “online money games” (i.e. games where real money is risked or wagered) in India. HDFC Sky+3Wikipedia+3The Times of India+3

  • Under this law, the focus is more on operators, platforms, advertisements, payment facilitation than on players, but in practice this could broaden scrutiny.

  • the change in law could make authorities less sympathetic to claims like “I was just gaming / withdrawing,” especially if they see real money transfers tied to gaming platforms.
  • Get a lawyer experienced in cyber / financial law — this is not trivial to do on your own after 6 months.

  • File representation to IO / police with all proof and explanation.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6229 Answers
499 Consultations

- As per law, under the directions from law enforcement or the Cyber Crime Cell, a bank can freeze an account immediately without prior notice, so that the culprit cannot withdraw the amount from the account.

- However, the Supreme Court in the matter of jay Madanlal Choudhary v. Union of India held that property including bank accounts can be frozen without notice during investigation but must be justified, and the person has the right to challenge it..

- Hence, you can can file a written complaint to the Cyber Cell and to your bank for showing that you have not done any illegal transactions from your account. 

- Further, all types online gaming is not illegal in India , however the winnings above Rs.10,000 are taxed at 30% under Section 194BA of the Income Tax Act.

- Hence, you can mention in the said complaint that you are ready to pay the imposed tax as per law.

- Further, even if no response then file a complaint before the judicial magistrate under section 457 to unfreeze the account . 

- Further , you can also file a Writ Petition in the High Court under Article 226 , if no positive response.

Mohammed Shahzad
Advocate, Delhi
15794 Answers
242 Consultations

If you want to defreeze your account you have to seek court order 

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

Dear Client,

I get your concern, but let me advise you that when a bank account is frozen as a result of a cyber complaint, it is generally on a police instruction pending investigation, and since six months have lapsed without reply, you have every right to take action.The first step is to write formally to your bank asking for a copy of the freeze order and details of the case; if they do not respond, you should approach the cybercrime police station or the bank’s nodal officer. If that still brings no clarity, the proper legal remedy is to file a petition before the Magistrate Court or High Court seeking defreezing of your account, especially if you are not an accused. As for your job, this will generally not affect your employment, and the recent gaming laws apply mainly to betting and wagering, so if you played on a legitimate platform, it should not by itself create liability. Now the emphasis needs to be on obtaining the freeze order information and proceeding legally to have your account access reinstated.

I hope this answer helps, for any further queries please do not hesitate to contact us. Thank You. 

Anik Miu
Advocate, Bangalore
11005 Answers
125 Consultations

From the facts shared, it appears that your bank account has been frozen pursuant to a cyber complaint relating to online gaming transactions. Freezing of accounts usually happens under directions issued either by the Cyber Crime Cell or by the concerned bank in compliance with law enforcement requests.

  1. Impact of Gaming Laws:

    • Recent regulatory changes, particularly in relation to online gaming and betting, have led to stricter scrutiny of transactions linked to such activities.

    • However, not all forms of online gaming are unlawful, and the effect on your account depends on the exact nature of the transactions and whether they fall within “games of skill” or “games of chance.”

  2. Effect on Employment:

    • Merely having an account frozen due to an investigation does not by itself disqualify you from employment unless there is a proven offence or conviction.

    • At this stage, it should not directly affect your current job, though non-availability of bank statements may cause practical difficulties.

  3. Next Legal Steps:

    • You are entitled to approach the Cyber Cell in writing and seek the basis on which your account has been frozen.

    • If there is no proper response, you may file a representation/complaint with the Superintendent of Police (Cyber) or the nodal officer of the concerned bank.

    • In case of continued inaction, a writ petition before the Hon’ble High Court under Article 226 of the Constitution of India can be filed, seeking directions for de-freezing your account or at least for a reasoned order from the authorities.

Since the matter has been pending for over 6 months, it is advisable to take formal legal recourse rather than waiting further.

You may connect with me for a detailed consultation, where I can assess your documents, correspondences, and transactions in detail, and accordingly draft the appropriate legal representation or petition to safeguard your rights.

Best regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
501 Answers

Based on the facts shared, the freezing of your account does not by itself affect your employment or background verification, unless you have been formally named as an accused in a registered FIR or a criminal case has been filed against you. If the matter is still under preliminary inquiry, it is not treated as a criminal proceeding, and no adverse record will appear in background checks. You may verify whether your name appears in any FIR through the online portal of your State Police or by filing an RTI with the concerned cyber cell.

In recent times, under the regulatory framework for online gaming and money-laundering controls, banks have been freezing accounts that show transactions connected to unverified gaming platforms or wallets. However, under Section 102 of the Code of Criminal Procedure, such freezing is permissible only for a temporary period and must be supported by a written order and intimation to the Magistrate. A freeze lasting over six months without formal notice is not legally sustainable.

You are advised to make a written representation to your bank’s branch manager and nodal officer requesting details of the freeze order, the authority under whose direction it was issued, and a copy of any related correspondence. The bank is obligated under RBI’s Customer Service guidelines to respond within thirty days.

If the bank indicates that the account was frozen on the directions of the cyber crime unit, you should address a formal application to the Cyber Crime Police Station of your jurisdiction, providing your account number, name, and contact details, and requesting confirmation as to whether any FIR or investigation is pending against you. This application should be acknowledged in writing.

If, despite these steps, there is no response from either the bank or the cyber authorities, you have the remedy of approaching the jurisdictional High Court by way of a writ petition seeking a direction to defreeze the account or to at least disclose the reasons and records for the freeze. Courts have consistently held that arbitrary freezing of bank accounts without due process violates the constitutional right to property and fair procedure.

It is also clarified that under the current legal framework for online gaming, individual users are not penalized merely for participating in or withdrawing winnings from gaming platforms, unless the platform is proven to be engaged in illegal betting or laundering activities. Therefore, unless you were directly involved in such prohibited transactions, you are not exposed to prosecution under the recent gaming laws.

You should maintain all evidence of your communications with the bank and cyber cell, including emails, complaint numbers, and acknowledgments. These documents will be helpful if the matter needs to be pursued legally.

In conclusion, the issue presently appears to be procedural rather than criminal in nature. Timely written representation and, if necessary, a writ petition will be the appropriate course of action. As things stand, it should not adversely affect your employment unless a formal charge is filed against you.

Yuganshu Sharma
Advocate, Delhi
943 Answers
2 Consultations

If authorities (cyber cell, police, ED, etc.) believe an account is linked to fraud, money laundering, illegal gaming, or suspicious transactions, they can freeze it for investigation. 

As of 1 October 2025, India has enacted the Promotion and Regulation of Online Gaming Act, 2025, which bans online money games (i.e. games where real money is wagered) nationwide. 

If the freeze or complaint is in your name, there’s some risk (especially if any criminal record is involved). But merely having an account frozen doesn’t automatically mean you’ll lose your job.

But no bank statement (for 6 months) can create troubles in proofs, salary slips, verification checks, loan or visa applications, etc.

Contact your bank formally (in writing) Ask for the specific reason for freezing, the authority (police, ED, court) ordering it, and what you must submit to unfreeze.

Engage a lawyer (cyber law / financial crimes specialist) A lawyer can file representations, approach court or the relevant authority for de-freezing, etc.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

It will not affect your employment 

 

your account will be unfrozen only after completion of investigation 

 

you can file petition in HC to direct authorities to un freeze  your account 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

  1. If your account is directly involved in gaming, you need to wait till you are cleared after trial of the case by cyber crime Court.
  2. Without waiting for conclusion from trial, you can file writ petition in High Court of Telangana at Hyderabad be giving security in Court of the  amount of account in bank account.

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

If cyber crime police is not responding to your genuine request to release the frozen bank account, you can escalate the matter through legal sources by first issuing a legal notice followed by a suit in civil court to direct the cyber police to release it unless you were found guilty of any related offence due to which the account was frozen.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

You need to approach the court for the same 

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

File RTI application as to progress  of investigation in cyber complaint case 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

Your job is not directly at risk. But to unfreeze your account, you should take legal steps through court rather than waiting for police or bank to respond.

Adarsh Kumar Mishra
Advocate, New Delhi
195 Answers

You are correct that in the recent past, a large number of individuals have faced similar account freezing issues linked to online gaming transactions. The difficulty is that once the Cyber Cell issues directions to freeze an account, banks often keep it blocked indefinitely without providing any clear response to the account holder. Unfortunately, in several cases this has continued for 1–2 years.

Conclusion from similar cases:

  • Unless proper legal steps are taken, the account usually remains frozen. Authorities rarely act on their own initiative.

  • The outcome depends upon whether you move the matter before the higher authorities or the Hon’ble High Court for relief.

  • Courts have, in multiple cases, directed banks and investigating agencies either to defreeze accounts or to pass a reasoned speaking order, ensuring that the citizen’s right to property and livelihood is not arbitrarily curtailed.

Therefore, while many people may still be waiting without results, those who have taken legal recourse have managed to secure relief.

If you would like, I can guide you step-by-step on how to proceed—whether by drafting representations to the Cyber Cell/bank, or by approaching the High Court for immediate remedy. A detailed consultation would be advisable to review your specific documents and transactions.

Best regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
501 Answers

If cyber cell/bank is not responding even after 30 days, you can file a Writ Petition under Article 226 in Telangana High Court seeking direction to unfreeze your account.

 

Saksham Jain
Advocate, Hapur
16 Answers

No need to  take  legal proceedings if you dint want access to funds lying in said account 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

You need to take more precautions in this regard.

In future if you want to be safe, better discontinue the playing online games without knowing the legal consequences involved in it. 

You may better stop at lest for the time being  so that you can continue when the things are very safe and comfortable

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

Then you can leave the same but the case will not endi

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

Quick Unfreeze Solution

Immediate Actions



Don't abandon the account - This creates future legal complications.

Step 1: Get Bank Details


Visit bank branch immediately :

  • Get FIR/complaint number and investigating officer details

  • Request freeze order copy

  • Note which cyber cell ordered the freeze

Step 2: File Representation


Submit written application to Cyber Cell :

  • Include bank statementssalary prooflegitimate income evidence

  • Request NOC (No Objection Certificate)

  • Notarized affidavit declaring innocence

Step 3: Legal Route (Since 6 Months with No Response)


Engage cyber crime lawyer immediately :

  • Cost: ₹3,000-5,000 consultation

  • Timeline: Good lawyer can unfreeze in 7-10 days

  • File court petition under Article 226 for arbitrary freezing

Step 4: Court NOC


If cyber team still doesn't respond:

  • File writ petition for court NOC

  • Court can direct immediate unfreezing

Online Gaming Legal Status


Online gaming transactions are legal but flagged due to money laundering concerns. Your case is not criminal if legitimate gaming.

Critical: Don't ignore - frozen accounts affect CIBIL score and create future banking issuesAct immediately with lawyer assistance.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

If you don’t it need it then leave it 

After police investigation and court proceedings (if ) it will unfreeze.

Adarsh Kumar Mishra
Advocate, New Delhi
195 Answers

Thanks for your appreciation 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

You are always welcome with updates and for any other clarification from this forum 

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

Best of luck

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

  1. Don’t abandon the account. A long freeze can flag you as “high-risk” in banking/KYC systems and complicate future accounts/loans.

  2. Get the freeze basis (today at the branch):

    • Ask for the freeze memo/citation: FIR no., sections invoked, which police/cyber cell ordered it, and under which power (often CrPC §102 / IT Act).

    • Take a stamped bank note confirming the freeze and the IO’s details.

  3. File a written representation to the IO + DCP Cyber:

    • Attach: ID/OCI (if any), PAN, salary slips/offer letter, ITR/Form-26AS, bank statements up to freeze, gaming app statements/receipts, and a short affidavit explaining lawful funds + no nexus with fraud.

    • Request No-Objection to defreeze (or at least permission for credits/debits for salary/EMIs).

  4. Judicial remedy (since 6 months of silence):

    • File before the Jurisdictional Magistrate under CrPC §451/§457 seeking defreezing (account = livelihood; not “case property”).

    • In parallel (or if the FIR is outside your district/there’s inaction), move the High Court under Art. 226 for directions to police/bank to decide your representation and defreeze; seek interim relief permitting limited operations.

  5. What your lawyer will need (prepare now):

    • Bank’s freeze intimation, freeze memo (or branch note), FIR/CSR number (if available), all proofs of income, full account statements, gaming platform ledgers/emails, ITR/26AS, and a chronology of your follow-ups.

  6. About “gaming law”:

    • Freezes usually stem from fraud/AML suspicion, not merely playing. Telangana has stricter rules on real-money games, but lawful, documented transactions + tax trail are your best defense.

Bottom line: Get the freeze order details, lodge a complete representation, and escalate to Magistrate (§451/457) or High Court (Art. 226) for a time-bound decision. Avoid walking away from the account—close the loop legally to prevent future red flags.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

Don’t  keep much money in your bank account 

 

 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

You need to seek directions of the court

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

You were advised to take it up legally with the concerned law enforcing agency, instead you are repeatedly approaching here giving the updates. You first of ll find out how many more online games you are involved in it and whether you continue to play them or stopped, if you are involved in such gaming apps then yo may have to stop all your activities  immediately lest you will find more such disasters. 

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

Immediate Action Required (Today)


Progressive freezing indicates multiple investigations - this is legally improper and violates Section 102 CrPC.

1. Emergency Court Relief


File High Court Article 226 petition immediately:

  • Right to livelihood violation (Article 21)

  • Progressive freezing without magistrate notification (Section 102 violation)

  • Timeline: 7-15 days for relief

2. Stop Further Freezing


File urgent representation to Senior Superintendent of Police (Cyber):

  • Request immediate stop to progressive freezing

  • Demand consolidated NOC for all frozen amounts

  • Submit complete financial documentation

3. Legal Violation Evidence


Courts have ruled: Police must report "forthwith" to magistrate. Progressive freezing without reporting is illegal and "vitiates the entire freeze".

4. Immediate Documentation


Collect today:

  • All freeze notifications from bank

  • FIR/complaint numbers for each freeze

  • Proof of no magistrate notification

5. Emergency Lawyer


Engage cyber lawyer immediately - ₹5,000 consultation can resolve in 7-10 days with proper High Court petition.

Critical: Progressive freezing is procedurally illegal - courts grant immediate relief for such violations. Don't delay further.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

- Yes, generally they don't reply the aggrieved party of their query. 

- If you do not using that account then you forget the same 

- However, better send a notice or reply to the cyber cell that you have not committed any offence and even not using that account. 

Mohammed Shahzad
Advocate, Delhi
15794 Answers
242 Consultations

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