White-Collar Crime & Economic Offences
PMLA and Enforcement Directorate proceedings, attachment, bail and economic-offence prosecutions.
PMLA · Enforcement Directorate · Attachment · Bail
The Firm handles complex criminal and regulatory matters involving economic offences and financial investigations.
Our practice includes
- Economic offences
- Corporate criminal liability
- Prevention of Money Laundering Act proceedings
- Directorate of Enforcement proceedings
- Attachment proceedings
- Bail proceedings
- Criminal appeals
- Constitutional challenges
- Investigative proceedings
- Proceedings arising from financial and regulatory investigations
How we approach these matters
Economic-offence matters move quickly and on several fronts at once — summons, searches, attachment, arrest and parallel proceedings for the underlying offence. We coordinate these fronts as a single defence strategy, so that a position taken before the Adjudicating Authority does not undermine a bail application or a constitutional challenge.
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Frequently asked questions
What is a provisional attachment under the PMLA?
Under Section 5 of the Prevention of Money Laundering Act, 2002, an authorised officer of the Enforcement Directorate may provisionally attach property believed to be "proceeds of crime" for up to 180 days. The attachment must then be confirmed by the Adjudicating Authority under Section 8, after notice and hearing. Orders of the Adjudicating Authority may be appealed to the Appellate Tribunal and then to the High Court.
What are the bail conditions under Section 45 of the PMLA?
Section 45 imposes "twin conditions": the court must be satisfied that there are reasonable grounds for believing the accused is not guilty of the offence and is not likely to commit any offence while on bail, after the Public Prosecutor has had an opportunity to oppose. The Supreme Court upheld these conditions in Vijay Madanlal Choudhary v. Union of India (2022). Certain categories, including women and persons who are sick or infirm, are treated differently under the proviso.
Is the Enforcement Directorate required to give me the grounds of arrest?
Yes. The Supreme Court held in Pankaj Bansal v. Union of India (2023) that the grounds of arrest under Section 19 of the PMLA must be furnished to the arrested person in writing. Compliance with these safeguards is frequently decisive in challenges to arrest and remand.
Related insights
Our Approach
Adaptive litigation strategies — shaped by the forum, the record and the stage of every matter.
How we workContact the Firm
Discuss your matter with the Founding Partners
Whether your matter is before a tribunal, a High Court or the Supreme Court — or has not yet been filed — share a brief outline and the Firm will respond. Consultations are available in person in New Delhi or by video for clients across India and overseas.