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Section 106 BNSS Bank Account Freeze – Filing a Petition for Release

By Adv. Panchanand Shaw | July 2026 | 7 min read
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If your bank account has been frozen by the police under Section 102 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, you have a powerful legal remedy available: Section 106 BNSS. This provision allows any person whose property (including a bank account) has been seized to approach the Sessions Court for its release. Understanding how to properly file and argue a Section 106 BNSS petition is crucial for getting your frozen account released when the investigating officer does not act on your representation.

This comprehensive guide covers everything you need to know about Section 106 BNSS bank account freeze petitions — the legal framework, filing procedure, documentation, arguments, timeline, and how CyberWakil's expert lawyers can assist you through the process.

What is Section 106 BNSS?

Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (which replaced Section 457 of the old CrPC) provides that when property has been seized by a police officer and is not produced before the Magistrate during investigation, the Sessions Court may make such orders as it thinks fit for the disposal of such property, including its delivery to the person entitled to possession. This is the primary legal remedy for getting a frozen bank account released when the investigating agency does not voluntarily defreeze it.

Key features of Section 106 BNSS:

  • Jurisdiction: The petition is filed before the Sessions Court having jurisdiction over the area where the freeze was ordered.
  • Who Can File: Any person claiming entitlement to the frozen property (account holder, authorized signatory, legal heir).
  • Grounds: The petitioner must demonstrate lawful possession, legitimate source of funds, and that the freeze is causing undue hardship.
  • Court's Power: The Sessions Court can order release of the property, impose conditions for release, or direct the investigating officer to show cause why the freeze should continue.
  • Timeline: Section 106 petitions are typically heard and disposed within 4-8 weeks, depending on court workload.

When Should You File a Section 106 BNSS Petition?

Not every frozen account requires a court petition. You should consider filing a Section 106 BNSS petition when:

  1. Police Inaction: The investigating officer has not responded to your defreezing representation for 15-30 days.
  2. Unjustified Freeze: The freeze is clearly based on mistaken identity or insufficient evidence linking your account to the alleged offense.
  3. Hardship: The freeze is causing significant hardship — loss of livelihood, inability to pay medical bills, education fees, or business disruption.
  4. Partial Release Denied: The police refuse to release funds even for essential expenses like salary, medical treatment, or education.
  5. Investigation Delay: The investigation is progressing slowly and the freeze may continue for months without any chargesheet being filed.
  6. Wrongful Freeze: The freeze was ordered without proper application of mind or without following the procedure under Section 102 BNSS.

Step-by-Step Process for Filing Section 106 BNSS Petition

Here is the complete procedure for filing a Section 106 BNSS petition before the Sessions Court:

Step 1: Gather All Documents

Before filing the petition, ensure you have the following documents ready:

  • Copy of the freeze order issued by the bank
  • Bank account statements (last 2-3 years)
  • Identity and address proof (Aadhaar, PAN, Voter ID)
  • Income Tax Returns for the last 3 years
  • Proof of source of funds for the transactions in question
  • Employment letter or business registration documents
  • Representation made to the investigating officer (with acknowledgment)
  • Any reply received from the police (if any)
  • Evidence of hardship (salary slips, medical bills, loan documents, fee receipts)

Step 2: Draft the Petition

The Section 106 BNSS petition must include:

  • Title: In the Court of the Sessions Judge at [City/District]
  • Case Number: If the main case has a number, mention it
  • Petitioner Details: Your name, address, and account details
  • Respondent Details: State of [State] through the Investigating Officer/Police Station
  • Facts of the Case: Chronological statement of facts explaining how your account came to be frozen
  • Legal Submissions: Arguments based on Section 106 BNSS, case laws, and legal principles
  • Grounds for Release: Specific grounds why the court should order release
  • Interim Relief: Request for interim release of the account or specified amounts
  • Final Prayer: Specific orders requested from the court
  • Affidavit in Support: Sworn affidavit verifying the facts stated in the petition

Step 3: File the Petition

The petition is filed at the filing counter of the Sessions Court. Steps include:

  1. Prepare sufficient copies (one for court, one for police, one for your records)
  2. Pay the requisite court fees (typically nominal for criminal petitions)
  3. Obtain the case number and next hearing date
  4. Serve notice on the Public Prosecutor representing the State
  5. Serve notice on the Investigating Officer through the Police Station

Step 4: Appear for Hearing

At the first hearing, your lawyer will:

  • Argue for interim relief (release of the account or specified amounts)
  • Present the legal grounds for defreezing
  • Respond to any objections raised by the Public Prosecutor
  • Request the court to call for the case diary from the investigating officer
  • If the police oppose release, seek time to file a rejoinder

Step 5: Court Order

After hearing both sides, the court may:

  • Allow the petition: Order the police to defreeze the account within a specified period (typically 7-15 days)
  • Grant interim relief: Allow release of specific amounts for urgent needs while the investigation continues
  • Impose conditions: Require you to furnish a bond or undertaking to produce funds if required
  • Dismiss the petition: If the court finds the freeze justified, you may need to approach the High Court
  • Direct investigation: Order the investigating officer to complete the investigation within a specified timeframe

Legal Arguments for Section 106 BNSS Petition

Your lawyer should make the following arguments before the Sessions Court:

  1. Legitimate Source of Funds: Demonstrate that the frozen funds originated from legitimate sources such as salary, business income, sale of assets, or inheritance.
  2. No Link to Offense: Show that the frozen account has no direct connection to the alleged cyber crime or fraudulent transaction.
  3. Violation of Procedure: If the police did not report the seizure to the Magistrate within 30 days as required under Section 102 BNSS, this is a strong ground for release.
  4. Right to Livelihood (Article 21): Argue that continued freeze without investigation progress violates the fundamental right to livelihood. Cite Supreme Court judgments on this point.
  5. Disproportionate Hardship: Demonstrate that the freeze is causing disproportionate hardship compared to the alleged offense value.
  6. Undue Delay: If the investigation is not progressing, the court should release the account with conditions.
  7. Mistaken Identity: If your account was frozen due to mistaken identity or transaction chain linkage, clearly establish this with evidence.

Key Supreme Court Judgments on Bank Account Defreezing

Some important case laws that strengthen your Section 106 BNSS petition:

  • Teesta Atul Setalvad v. State of Gujarat: SC held that seizure under Section 102 must be reported to Magistrate within 30 days, and failure to do so renders the seizure illegal.
  • State of Maharashtra v. Tapas D. Neogy: SC held that police can freeze bank accounts under Section 102 CrPC (now 102 BNSS) but must follow proper procedure.
  • Ruchika Garg v. State of Uttar Pradesh: Allahabad HC held that freezing entire salary accounts without considering livelihood rights violates Article 21.
  • M. Sivasamy v. State: Madras HC held that continued freeze without investigation progress is not permissible and accounts must be released.
  • Vivek Sharma v. State of Rajasthan: Rajasthan HC held that police must provide reasons for freeze and account holders have right to be heard.

Timeline for Section 106 BNSS Petition

  • Filing of Petition: 1-2 days
  • First Hearing: Within 1-2 weeks of filing
  • Interim Order (if granted): Within 2-3 weeks
  • Final Order: 4-8 weeks from filing
  • Police Compliance: Court typically gives 7-15 days for compliance

How CyberWakil Can Help with Your Section 106 BNSS Petition

At CyberWakil, we have extensive experience in filing Section 106 BNSS petitions for bank account defreezing across India. Our services include:

  • Case Assessment: We evaluate whether a Section 106 petition is the right remedy for your case or whether other remedies (police representation, High Court writ) are more appropriate.
  • Petition Drafting: Our lawyers draft comprehensive, well-researched petitions with proper legal citations and factual submissions.
  • Court Representation: We appear before Sessions Courts across India through our network of associate lawyers.
  • Negotiation: We attempt to resolve the matter with the investigating officer before or during the court proceedings.
  • Interim Relief: We aggressively seek interim relief for urgent needs like salary, medical expenses, and business operations.
  • High Court Appeal: If the Sessions Court dismisses the petition, we file Revision or Writ petitions before the High Court.

With over 500 successful account defreezings and an 85%+ success rate, CyberWakil is India's most trusted law firm for bank account unfreezing. Call us at +91-9007000603 for a free consultation.

Frequently Asked Questions

Section 102 BNSS empowers police to freeze/seize property (including bank accounts). Section 106 BNSS provides the remedy to the account holder to approach the Sessions Court for release of the frozen property. In simple terms: Section 102 gives the power to freeze, Section 106 gives the right to challenge that freeze.
Technically yes, but it is strongly discouraged. The petition requires proper legal drafting, knowledge of criminal procedure, citation of relevant case laws, and effective oral arguments. Courts expect professional presentation. A badly drafted petition may be dismissed, wasting valuable time.
Most Sessions Courts decide Section 106 petitions within 4-8 weeks from filing. Interim relief (partial release) can often be obtained within 2-3 weeks. The timeline depends on the court's workload and complexity of the case.
Yes. Courts frequently grant interim relief, especially for salary accounts, medical emergencies, education fees, and business operational needs. Your lawyer should specifically pray for interim relief in the petition.
If the Sessions Court dismisses your petition, you have two options: (1) File a Criminal Revision before the High Court under Section 528 BNSS, or (2) File a Writ Petition under Article 226 of the Constitution before the High Court. CyberWakil handles appeals at all levels.

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