Topic

Section 102 CrPC

Section 102 of the Code of Criminal Procedure (CrPC) in India governs the power of police to seize property, including bank accounts, during investigation, but prohibits arbitrary freezing without judicial authorization.

14 articlesLatest July 2026
Bail Conditions Under BNS 2023 | Criminal Courts Cannot Impose Recovery of Alleged Fraud Proceeds as Pre-Trial Condition : Bombay HC
Case Law Analysis
|Bombay High Court

Bail Conditions Under BNS 2023 | Criminal Courts Cannot Impose Recovery of Alleged Fraud Proceeds as Pre-Trial Condition : Bombay HC

Bombay HC rules that bail conditions cannot include deposit of Rs. 75 lakh bank guarantee or release of Rs. 1.89 crore to the complainant, as criminal courts lack authority to act as recovery agents in private fraud cases under Bharatiya Nyaya Sanhita, 2023. The judgment reinforces that bail conditions must align with criminal jurisprudence, not civil recovery mechanisms.

BNSS Section 528 | Bank Account Freeze Without Judicial Oversight Violates Due Process: MP High Court Mandates Unfreeze Within 3 Months
Case Law Analysis
|Madhya Pradesh High Court

BNSS Section 528 | Bank Account Freeze Without Judicial Oversight Violates Due Process: MP High Court Mandates Unfreeze Within 3 Months

MP High Court rules that freezing bank accounts based solely on cyber fraud allegations without judicial approval violates constitutional due process. The court directed banks to unfreeze accounts within three months unless a magistrate approves retention, setting a precedent for safeguarding livelihood rights under BNSS provisions.

Section 102 CrPC | Freezing Bank Accounts Requires Direct Nexus to Alleged Offence; Rs. 6.55 Crore Bank Guarantee Condition Invalid : Bombay HC
Case Law Analysis
|Bombay High Court

Section 102 CrPC | Freezing Bank Accounts Requires Direct Nexus to Alleged Offence; Rs. 6.55 Crore Bank Guarantee Condition Invalid : Bombay HC

Bombay High Court rules that investigative agencies cannot freeze bank accounts under Section 102 CrPC without establishing a direct link to the alleged offence. The court struck down a Rs. 6.55 crore bank guarantee condition for de-freezing, emphasizing that criminal proceedings cannot substitute civil recovery and must respect the presumption of innocence.

Bank Account Freeze | Cyber Cell Notices Insufficient for Freezing Without Magistrate's Order Within 90 Days: MP HC
Case Law Analysis
|Madhya Pradesh High Court

Bank Account Freeze | Cyber Cell Notices Insufficient for Freezing Without Magistrate's Order Within 90 Days: MP HC

The Madhya Pradesh High Court has ruled that banks cannot freeze accounts solely on the basis of cyber cell alerts; disputed funds must be preserved in fixed deposits and subject to judicial review by a magistrate within three months. This sets a critical precedent protecting account holders from arbitrary financial disruption during unverified cybercrime investigations.

Section 102 CrPC | Banks Cannot Freeze Accounts on Cyber Cell Notices Alone; Disputed Funds Must Be Converted to FDs Pending Magistrate Order : MP HC
Case Law Analysis
|Madhya Pradesh High Court

Section 102 CrPC | Banks Cannot Freeze Accounts on Cyber Cell Notices Alone; Disputed Funds Must Be Converted to FDs Pending Magistrate Order : MP HC

Madhya Pradesh High Court rules that banks lack unilateral authority to freeze accounts based solely on cyber cell notices under Section 102 CrPC. Disputed funds must be converted into fixed deposits, with magistrate approval required within three months to prevent constitutional rights violations.

Section 97 BNSS | Cyber Cell Notices Alone Cannot Justify Bank Account Freeze Without Magisterial Order: MP HC Directs Unfreezing of Accounts
Case Law Analysis
|Madhya Pradesh High Court

Section 97 BNSS | Cyber Cell Notices Alone Cannot Justify Bank Account Freeze Without Magisterial Order: MP HC Directs Unfreezing of Accounts

Madhya Pradesh High Court rules that banks cannot freeze accounts based solely on cyber cell notices without magisterial sanction under Section 97 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The court directed the unfreezing of accounts, holding disputed funds in fixed deposits, reinforcing judicial oversight over financial rights in cyber crime investigations.

Section 279/304-A IPC | Acquittal for Fatal Tractor Accident Due to Contradictory Evidence & CrPC Section 102 Delay : Karnataka HC
Case Law Analysis
|Karnataka High Court

Section 279/304-A IPC | Acquittal for Fatal Tractor Accident Due to Contradictory Evidence & CrPC Section 102 Delay : Karnataka HC

Karnataka High Court acquitted the accused in a fatal tractor accident case, citing unreliable motor vehicle reports, chain-of-custody violations, and a 22-day delay in seizure reporting under Section 102 CrPC. The ruling underscores that procedural lapses and contradictory prosecution evidence can nullify guilt even in fatal negligence cases.