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The Kerala High Court has directed banks to limit the freezing orders they problem, in situations of cyber frauds, to the amount associated with the criminal offense and not to your complete bank account.
In a similar vein, courts have also viewed as the influence of freezing of bank accounts about the legal rights of folks. As discussed above, freezing of bank accounts is barely being undertaken in scarce situations that too with utmost restraint As well as in compliance Along with the provision of portion 102 of the CrPC. In B. Kavitha vs. The Inspector of law enforcement
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it is actually mentioned that the accounts on the petitioners, who primarily comprised of outlets and tiny businessmen, were being frozen pursuant to the advisory issued by the capable Investigating and law enforcement Authorities.
In this type of circumstance it results in being hugely unfair to subject matter Individuals companies or individuals into a drastic action for example freezing of bank accounts.
The plea, hence, seeks the issuance of the way through the court docket on the banks never to freeze the accounts without having specific instructions under area 102 CrPC, within the investigating officer who is investigating the Cyber Crimes.