Chambers of Bhuvnesh Shukla
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Investigations and Prosecutions for Economic Offences, from the first Summons to Trial and Appeal.
Economic Offences are investigated by specialised agencies under special statutes: the Enforcement Directorate under the Prevention of Money Laundering Act, the Central Bureau of Investigation and state anti-corruption branches under the Prevention of Corruption Act, the Serious Fraud Investigation Office under the Companies Act, and the Economic Offences Wings of the police. These statutes carry their own rules on Summons, Attachment of property and Bail, and they differ sharply from ordinary criminal procedure.
Such cases are heavy on documents and run for years, usually alongside Civil, Tax or Insolvency Proceedings on the same transactions. Our Chamber advises from the first Summons and keeps the criminal defence consistent with those parallel Proceedings.
Proceedings under the Prevention of Money Laundering Act, 2002.
Cases under the Prevention of Corruption Act, 1988, and allied offences.
Offences arising from the affairs of companies and from lending.
Prosecutions and adjudication under the fiscal statutes.
Matters that travel with an Economic-Offence case.
| Step | Time Limit | Source |
|---|---|---|
| Provisional Attachment of Property | Lasts up to 180 days unless confirmed by the Adjudicating Authority. | Section 5, PMLA |
| Appeal to the Appellate Tribunal | 45 days from receipt of the Adjudicating Authority’s Order. | Section 26, PMLA |
| Appeal to the High Court | 60 days from communication of the Appellate Tribunal’s Order. | Section 42, PMLA |
Stated generally. Time limits turn on the facts and on the amendments in force; take advice on your own dates.
A Summons under Section 50 of the PMLA requires you to attend, produce documents or give a Statement. It does not by itself make you an Accused. Attendance is compulsory, the Statement is recorded as part of a Judicial Proceeding, and giving false information is an offence, so it is worth preparing for properly.
Yes. Section 45 of the PMLA adds two conditions to the ordinary law: the Prosecutor must be heard, and the Court must be satisfied that there are reasonable grounds to believe the Accused is not guilty and is unlikely to offend while on Bail. Courts have nonetheless granted Bail where the Trial is unlikely to finish within a reasonable time.
Yes. The Enforcement Directorate can provisionally attach property it believes to be Proceeds of Crime for up to 180 days. The Attachment lapses unless the Adjudicating Authority confirms it after hearing the affected person, and that Order can be appealed to the Appellate Tribunal.
Most economic statutes make those who were in charge of and responsible for the company’s business at the time liable along with the company, and others where the offence was committed with their consent or connivance, or through their neglect. Being a director is not enough on its own; the Complaint must show the person’s role.
General information as of October 2026, not legal advice. Take advice on your own facts and dates.
To discuss a matter in this area, write to our Chamber with a brief outline.
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