Magistrate Must Release Frozen Cyber Fraud Funds to Victim under Section 457
Parties: Dr. Jignasa v. State of Gujarat & Ors.
The petitioner was terrorized by cyber fraudsters impersonating CBI officers via Skype video call, extorting ₹38.5 Lakhs transferred into three separate private bank accounts under the pretext of an anti-narcotics money laundering audit. Within two hours, the petitioner dialled 1930, resulting in the cyber cell issuing immediate freeze notices under Section 102 CrPC (now Section 106 BNSS). A balance of ₹21.4 Lakhs was successfully frozen in the second-layer mule account. However, the trial magistrate refused to release the amount pending investigation.
The Gujarat High Court set aside the magistrate's order, ruling that the complainant was the indisputable legal owner of the stolen funds. The Court held that when funds are frozen in a cybercrime investigation and the account holder fails to demonstrate legitimate consideration or source, the magistrate must exercise statutory jurisdiction under Section 457 CrPC (now Section 457 BNSS) to direct the bank to release the frozen funds to the victim upon executing an indemnity bond, without compelling the victim to wait for the conclusion of a lengthy trial.