Freezing of Bank Accounts Under Section 106 BNSS: Legal Position and Safeguards
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The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has retained the power of investigating agencies to seize property connected with criminal offences under Section 106, which corresponds to Section 102 of the erstwhile Code of Criminal Procedure. This provision includes the authority to freeze bank accounts during the course of an investigation. However, such power is not unfettered and is subject to important procedural safeguards.
Judicial precedents have consistently held that freezing a bank account amounts to a serious interference with an individual’s right to property and livelihood. Therefore, investigative agencies are required to immediately report the freezing of accounts to the jurisdictional Magistrate. This reporting is mandatory and ensures timely judicial oversight over executive action.
Courts have further clarified that a Magistrate is not expected to act mechanically. The Magistrate must examine whether the bank account has a direct nexus with the alleged offence and whether the freezing is necessary for the purposes of investigation. In cases where the statutory requirements are not followed, courts have ordered the defreezing of bank accounts.
The legal position thus balances the need for effective investigation with the protection of individual rights. Section 106 BNSS reinforces that coercive measures like freezing bank accounts must conform strictly to due process and cannot be exercised arbitrarily.
