No prior magistrate approval needed for police to freeze bank accounts during probe: Karnataka HC

The High Court of Karnataka has ruled that police do not require prior approval from a magistrate to freeze bank accounts or seize assets during an investigation, as per Section 106 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). This decision comes after the city police challenged the legality of a sessions court order to de-freeze the bank accounts of JAR Gold Retail Pvt.

Ltd., an online gold investment start-up, and release seized gold and silver bars. The court clarified that Sections 106 and 107 of the BNSS are complementary, not competitive, and that Parliament intentionally retained Section 106 while adding additional procedures in Section 107. The High Court emphasized the importance of immediate account freezing in cases of cyber fraud to prevent money loss and argued that delays in police action could allow funds to be transferred, converted, or disappear.

Justice M. Nagaprasanna noted that the sessions court had exceeded its jurisdiction in expressing uncertainty about the case registration despite prior rulings by the High Court and the Supreme Court.