2026 Sop for cyber fraud cases

 https://drive.google.com/file/d/1SxMKf-VOBPlaMeVQhizJrz_22MABT6Bl/view?usp=sharing

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Bombay HC: An Investigating Agency has no power to attach or debit freeze an account U/S106 of the BNSS

That being so, the law stands well settled that under Section 106 of the BNSS, an Investigating Agency has no power to attach or debit freeze an account. {Para 13}

14. In that view of the matter, the orders, which are passed by the Investigating Agency in respective petitions under Section 106 of the BNSS are liable to be quashed and set aside.

15. We may note here that there is, in place system to deal with the financial fraud, which is titled as "Citizen Financial Cyber Frauds Reporting and Management System". This system has been published by the Indian Cybercrime Coordination Centre, which comes under the Ministry of Home Affairs, Government of India. Our attention is invited to FAQs, particularly, FAQ No. 21. The said question and answer would throw further light as to how Banks should deal with reports/communications received from an Investigating Agency. FAQ No. 21 and its answer reads as under :

"21. Whether the Bank can block/withhold the funds on the basis of the complaint's acknowledgement number that gets reported on the helpline number or NCRP ?

Yes, Bank/intermediaries can put the disputed amount on lien on the basis of the complaint's acknowledgement number so that amount can be refunded later, after investigation of the complaint by concerned State/Uts LEAs."

16. As could be seen, Bank/intermediaries can put the disputed amount on lien, but cannot debit freeze the account.

17. Despite such status, some Banks upon receiving certain communications from Investigating Agency, which does not even call for debit freezing accounts, are proceeding to debit freeze the accounts of the account holders resulting into losses to their day-to-day affairs.

18. Put all together, it is abundantly clear that an Investigating Agency has no power of attachment/debit freezing a Bank Account under Section 106 of the BNSS.

19. The Investigating Agency may, however, proceed in terms of Section 107 of the BNSS to debit freeze or attach a Bank Account.

20. So far as Banks are concerned, they should act in terms of the Management System, mentioned above, unless there is an specific order of debit freezing an account by a competent authority.

 IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Criminal Writ Petition Nos. 321 of 2025.

Decided On: 20.11.2025

Kartik Yogeshwar Chatur and Ors. Vs. Union of India and Ors.

Hon'ble Judges/Coram:

Anil L. Pansare and Raj D. Wakode, JJ.

Citation: MANU/MH/9314/2025.

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Supreme Court reject bail application as accused was having criminal antecedents of similar nature

We would have definitely considered the plea for bail

only on the ground that the petitioner is in judicial custody as

an under trial prisoner past more than eight years, however,

what has deterred us in exercising our discretion are the

antecedents of the petitioner of the very same nature with which

he has been charged with in the presence case. {Para 2}

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) No.10438/2026

LISHAM IBUNGOTOMBA SINGH Vs STATE OF WEST BENGAL 

Date : 01-09-2026 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J.B. PARDIWALA

HON'BLE MR. JUSTICE K. VINOD CHANDRAN

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Supreme Court : Drug Disposal Committee Cannot Dispose Of Seized Vehicle U/NDPS Act Without Trial Court's Orders

We are in full agreement with the view taken in Biswajit Dey   MANU/SC/0035/2025 : 2025:INSC:32 : (2025) 3 SCC 241 since Sub-section (1) of Section 63 provides that whether the Accused is convicted or acquitted or discharged, the Court shall decide whether any Article or thing seized under this Act is liable to confiscation Under Section 60 or Section 61 or Section 62 and that if it decides that the Article is so liable, order of confiscation may be passed. Section 60 makes liable, inter alia the conveyance; in which the offensive substance is carried, to confiscation. Sub-section (3) provides an exception insofar as the owner proving the use; without his knowledge and connivance and he having made reasonable prautions against such use. In fact, the statute by Section 63(1), specifically provides for confiscation by the Magistrate and not by the DDC. We have also looked at the NDPS (Seizure, Storage, Sampling and Disposal) Rules, 2022, which prescribes the manner in which the seized contraband is to be classified, weighed and stored. It also prescribes the manner in which sampling has to be done in the presence of a Magistrate and speaks of disposal too. Rule 16 specifically reads so:

16. Items that can be disposed of. - Having regard to the hazardous nature, vulnerability to theft, substitution and constraints of proper storage space, all narcotic drugs, psychotropic substances, controlled substances and conveyances, as soon as may be after their seizure, shall be disposed of in the manner determined Under Section 52A of the Act. {Para 11}

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 4183 of 2026

Decided On: 24.08.2026

R. Manimaran Vs. State of Tamil Nadu

Hon'ble Judges/Coram:

J.B. Pardiwala and K. Vinod Chandran, JJ.

Citation: 2026 INSC 946,MANU/SC/0983/2026.

Read full judgment here: Click here.

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