Criminal Defence

1. 1

   ECIR registration

   The Enforcement Directorate records an Enforcement Case Information Report — an internal document that opens the investigation. Unlike an FIR, the ECIR is not necessarily furnished to the accused; the scheduled (predicate) offence in the related FIR or complaint defines the alleged proceeds of crime.

2. 2

   Section 50 summons and examination

   The ED summons persons to give evidence and produce records under Section 50. Statements recorded under Section 50 are admissible, so preparation before each appearance matters — the scope of questioning, the documents produced, and the line between cooperation and self-incrimination all need to be worked through in advance.

3. 3

   Section 19 arrest and grounds of arrest

   Where the ED arrests under Section 19, it must possess material forming the basis of arrest and must furnish the written grounds of arrest to the accused — a mandatory safeguard affirmed in Pankaj Bansal v. Union of India. A defective grounds-of-arrest communication is itself a basis to challenge the arrest.

4. 4

   Section 5 provisional attachment

   The ED may provisionally attach property believed to be proceeds of crime under Section 5. The attachment is valid for 180 days and must be placed before the Adjudicating Authority, where the owner can contest whether the property is in fact proceeds of crime traceable to the predicate offence.

5. 5

   Adjudicating Authority confirmation (Section 8)

   Within 180 days, the Adjudicating Authority decides under Section 8 whether to confirm the attachment. This is the first substantive forum to test the ED's case on the existence and tracing of proceeds of crime, with an appeal lying to the Appellate Tribunal.

6. 6

   Section 45 bail — the twin test

   Bail in PMLA matters is governed by the twin conditions in Section 45: the court must be satisfied there are reasonable grounds to believe the accused is not guilty of the offence and is unlikely to offend while on bail — read with the Supreme Court's framework in Vijay Madanlal Choudhary (2022) and the bail jurisprudence that has followed.

7. 7

   Trial before the Special Court (Section 44)

   The PMLA trial proceeds before the designated Special Court — at Patiala House for Delhi matters — frequently alongside the predicate-offence trial. Defence work spans the tracing of proceeds, the validity of the predicate offence, and the admissibility and weight of Section 50 statements.

Banks and NBFCs whose fraud complaints feed CBI and ED references can read the recovery-side and empanelment practice at counsel for banks & NBFCs. For the advocate’s background and the firm’s two verticals, see About Advocate Subodh Bajpai and the legal advisory overview.