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Overview

White-collar enforcement in India has expanded significantly over the past decade. Investigations once confined to administrative penalty have evolved into criminal prosecutions with attachment, arrest, search and seizure powers exercised at the threshold stage. The interaction of the Prevention of Money Laundering Act, 2002 with predicate offences under the Indian Penal Code, the Bharatiya Nyaya Sanhita, the Prevention of Corruption Act, 1988 and a growing list of scheduled offences has fundamentally reshaped the defence landscape.

CK Law Offices represents accused persons, promoters, directors, professionals and enterprises in the full sweep of white-collar proceedings. The work spans the earliest stage — search and summons — through to attachment, adjudication, prosecution, appeal and constitutional challenge before the Supreme Court of India.

The defence is decided in the first forty-eight hours. Reply too soon and the case is conceded; reply too late and the attachment is final.

Where the firm appears

  • Adjudicating Authority under PMLA — New Delhi
  • PMLA Appellate Tribunal — New Delhi
  • Special PMLA Courts — Delhi and Bengaluru
  • Special CBI Courts
  • Office of the Enforcement Directorate (Delhi, Bengaluru and elsewhere)
  • Designated Court under the Black Money Act
  • Income Tax Settlement Commission and Income Tax Appellate Tribunal
  • High Courts (writ jurisdiction under Articles 226 and 227)
  • Supreme Court of India (Article 136 SLPs)

Statutory frameworks

The white-collar practice covers six principal statutory frameworks. Each framework has its own procedural architecture, evidentiary rules, limitation periods and forum hierarchy. Defence strategy must be calibrated to all of them, frequently in parallel.

PMLA defence

The Prevention of Money Laundering Act, 2002 is the most procedurally complex of the white-collar statutes. Three parallel tracks operate at once: attachment (administrative), adjudication (quasi-judicial) and prosecution (criminal). Each track has independent timelines, independent evidence rules, and independent appeal hierarchies. The firm's PMLA defence is structured around all three.

Attachment proceedings

Provisional attachment under Section 5 must be confirmed by the Adjudicating Authority within 180 days. The reply to the Original Complaint, the cross-examination of the Investigating Officer, and the documentary defence on the question of "proceeds of crime" are decided at this stage. A confirmed attachment is appealable to the PMLA Appellate Tribunal under Section 26 within 45 days.

Search, seizure and summons

The defence response to a Section 17 search, Section 50 summons or Section 19 arrest is forensic. Document production, statement strategy, witness preparation and parallel writ remedies are deployed in carefully sequenced steps. The firm has appeared in matters involving multi-state ED searches, multi-jurisdiction summons and constitutional challenges to arrest under Vijay Madanlal Choudhary v. Union of India (2022) and the post-judgment line of authority.

Prosecution and Special Court

The Special PMLA Courts in Delhi and Bengaluru are the firm's principal trial forums. The work spans charge-framing, discharge applications, bail strategy, cross-examination of ED witnesses, parallel CBI co-ordination where the predicate offence is registered separately, and final-arguments strategy. Bail under Section 45 PMLA — including the post-Vijay Madanlal Choudhary contours — is a particular focus.

Section 26 appeals

Appeals before the PMLA Appellate Tribunal are document-heavy and law-heavy. The firm's procedural primer on Section 26 appeals is published in the Insights section.

FEMA proceedings

The Foreign Exchange Management Act, 1999 governs civil contraventions of foreign-exchange law. Unlike PMLA, FEMA proceedings are non-criminal — but penalties under Section 13 can run to three times the sum involved in the contravention, and Section 37A allows attachment of equivalent value of foreign assets.

The firm advises and represents clients on:

  • Compounding applications under Section 15 before the Reserve Bank of India
  • Adjudication proceedings before the Special Director (Appeals)
  • Appeals before the Appellate Tribunal under Section 19
  • Cross-examination strategy on round-tripping, ODI/FDI, ECB, hawala and trade-mis-invoicing allegations
  • Parallel ED proceedings where the FEMA contravention triggers a PMLA scheduled offence

The interaction between FEMA, the Foreign Contribution (Regulation) Act, 2010 and the Press Note 3 (2020) regime for foreign investment from "land-bordering countries" is a focused area of the practice.

Benami matters

The Benami Transactions (Prohibition) Act, 1988 — substantially overhauled in 2016 — establishes a four-stage proceeding: provisional attachment by the Initiating Officer, reference to the Adjudicating Authority, confirmation, and appeal to the Appellate Tribunal. Prosecution under Section 53 carries imprisonment for up to seven years.

The firm represents accused beneficial owners, benamidars, and innocent third-party purchasers in:

  • Section 24 attachment proceedings before the Initiating Officer
  • Adjudication before the Adjudicating Authority (located at the same complex as the PMLA AA)
  • Appeals to the Appellate Tribunal for Benami
  • Constitutional challenges to retrospective application of the 2016 amendments, in light of UOI v. Ganpati Dealcom (SC, 2022)
  • Parallel PMLA matters where a Benami transaction is alleged as a predicate offence

Black Money Act

The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 imposes a 30% tax and a 90% penalty on undisclosed foreign assets, with a separate criminal prosecution track under Section 49. The Act applies to "ordinarily resident" persons and prosecutes both individuals and entities.

The firm's Black Money Act practice covers:

  • Reply to notices under Section 10 of the Act
  • Assessment proceedings before designated Income Tax officers
  • Penalty proceedings under Sections 41-43
  • Prosecution before Designated Special Courts under Section 49
  • Appeals before the Income Tax Appellate Tribunal and the High Court
  • Co-ordinated defence with FEMA and PMLA proceedings arising from the same factual matrix

Anti-Corruption

The Prevention of Corruption Act, 1988, as substantially amended in 2018, criminalises both supply-side and demand-side corruption. Sections 7, 7A, 8 and 9 cover bribery; Section 13 covers abuse of position by public servants. Section 17A introduced a prior-approval requirement for investigation against public servants — a procedural safeguard the firm relies on actively.

The work spans:

  • Section 17A representations to the appropriate authority
  • Pre-trial defence before the CBI / state Anti-Corruption Bureau
  • Quashing petitions before the High Court (Section 482 BNSS / 528 BNSS)
  • Bail applications, anticipatory and regular
  • Trial before the Special Judge under the PCA
  • Attachment under the Criminal Law Amendment Ordinance, 1944
  • Appeals to the High Court and Supreme Court

SFIO investigations

The Serious Fraud Investigation Office investigates company-law fraud under Sections 212, 213 and 217 of the Companies Act, 2013. SFIO investigations frequently run in parallel with ED, CBI and Income Tax proceedings, and the SFIO's report can be the basis for prosecution under Section 447 of the Companies Act.

The firm represents directors, key managerial personnel and corporate entities through every stage:

  • Inspection under Section 206 / 207 by the Registrar of Companies
  • SFIO investigation under Section 212
  • Statement-recording strategy under Section 217
  • Defence to charges under Section 447 (corporate fraud)
  • Bail under Section 212(6) — among the strictest in Indian law
  • Appeals to the National Company Law Appellate Tribunal

Defence approach

White-collar defence is fact-intensive, document-heavy and timeline-sensitive. The firm's approach turns on three principles:

Document discipline. Every defence is built from the documents on record. The first task on every engagement is a complete documentary inventory — search panchnamas, summons replies, statements, communications, banking records, audit trails. A defence cannot be argued on assumption.

Parallel-track management. ED, CBI, Income Tax, SFIO and Registrar proceedings frequently arise from the same factual core. A statement to one authority can become evidence in another. The firm co-ordinates the defence across all forums to ensure consistency.

Bench awareness. The Special PMLA Courts, the Special CBI Courts, the PMLA Appellate Tribunal, the High Courts and the Supreme Court each have distinct procedural cultures. Arguments that succeed in one forum can be inadequate in another. The firm tailors the defence to the bench.

The white-collar matter is decided as much by the order of moves as by the moves themselves.

Engage the Firm

For matters of white-collar consequence, early engagement is dispositive.

If you are facing an ED summons, a CBI inquiry, an SFIO investigation or any of the proceedings above, please write briefly to the firm with the nature of the matter and the forum involved.

Engage the Firm