S.102 CrPC | Can Bank Accounts Be Seized Merely On A Letter From Police? Rajasthan High Court Seeks Inputs From Bar Members

The Rajasthan High Court has issued a general notice inviting all the members of the bar to address the issue, “Whether the bank account of account holder can be seized only at the instance of a letter received from the Police (Investigating Agency) without following the procedure contained under Section 102, Cr.P.C?”

The bench of Justice Anoop Kumar Dhand was hearing a petition filed by a person whose bank account was seized by the Bank of Maharashtra at the instance of a letter received from the Police, allegedly without following any procedure prescribed under Section 102 Cr.P.C.

The counsel for the petitioner submitted that there was a flood of litigation on similar issue wherein thousands of bank accounts of innocent persons were seized by the concerned bank based on letters from investigating agencies regarding fraudulent transactions and cyber crimes.

The counsel referred to a circular issued by the Commissioner of Police, Chennai, providing a mechanism in lines with Section 102, CrPC and Section 41(A), CrPC, to be followed before initiation of seizure proceedings of the bank account. However, no such circular was issued in Rajasthan.

The Court opined that the matter required consideration. While listing the matter on August 18, 2025, and issuing notices to the respondents, it directed issuance of a general notice to the members of the bar to address the issue as captured above.

Title: Padam Kumar Jain v Bank of Maharashtra and Anr.

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