Unwarranted Freezing Of Bank Accounts A Growing Concern Implicating Financial Hardships On Businesses And Individuals: Rajasthan HC

The Rajasthan High Court, in a significant judgment, has clarified the scope of the police's power to freeze bank accounts under Section 102 of the Code of Criminal Procedure (CrPC). This section allows a police officer to seize any property that is suspected to be involved in the commission of a crime. The High Court ruled that while the police have the power to freeze accounts during an investigation, this power is not absolute and must be exercised fairly and with due process. The court emphasized that the freezing order must be communicated to the magistrate immediately and the account holder must be given a reason for the action. The judgment also states that the account cannot be frozen indefinitely and that the investigation must be completed in a timely manner. This ruling balances the needs of law enforcement with the rights of the individual.