Criminal liability for corporate negligence
White-collar criminal defence in India involves statutes of serious consequence — the Prevention of Money Laundering Act 2002 (PMLA), the Prevention of Corruption Act 1988, the Bharatiya Nyaya Sanhita 2023 (BNS, replacing the IPC), the Companies Act 2013 (for fraud under Section 447), the SEBI Act (for market manipulation and insider trading), the Foreign Exchange Management Act 1999 (for contravention proceedings), and the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act 2015. Investigations are conducted by the Enforcement Directorate (PMLA), the Central Bureau of Investigation (CBI), the Serious Fraud Investigation Office (SFIO), SEBI and the Income Tax Department. AMLEGALS represents individuals, directors and corporates in investigations, arrests, bail, trial and appellate proceedings.
PMLA proceedings, in particular, carry the power of provisional attachment of property (Section 5), search and seizure (Section 16–18), arrest (Section 19), and prosecution before a Special Court. The burden of proof on the accused to establish that the property is not involved in money laundering (Section 24) is a distinctive feature. The Supreme Court in Vijay Madanlal Choudhary v. Union of India (2022) upheld these provisions. AMLEGALS defends clients through the full PMLA lifecycle — from the ED summons to the Special Court trial.
Representing clients during Enforcement Directorate and CBI investigations — responding to summons, attending statements under Sections 50/161, and advising on rights during search and seizure.
Filing and arguing bail and anticipatory-bail applications before the Special Court, the High Court and the Supreme Court in PMLA, PCA and BNS proceedings.
Challenging provisional-attachment orders under Section 5 of the PMLA before the Adjudicating Authority and the Appellate Tribunal.
Defending directors and officers in SFIO investigations and prosecutions for fraud under Section 447 of the Companies Act 2013.
Representing respondents in FEMA contravention proceedings before the Adjudicating Authority and the Appellate Tribunal, including compounding applications.
Representing accused persons in trial before Special Courts (PMLA, PCA) and in appeals before the High Court and the Supreme Court.
Section 45 of the PMLA imposes twin conditions for bail: the Public Prosecutor must be given an opportunity to oppose, and the court must be satisfied that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit any offence while on bail. The Supreme Court in Vijay Madanlal Choudhary (2022) upheld these conditions.
Under Section 5 of the PMLA, the Director or an officer authorised by the Director may provisionally attach any property believed to be proceeds of crime for a period of 180 days. The attachment must be confirmed by the Adjudicating Authority after hearing the affected party. If not confirmed, the attachment lapses.
Yes. Fraud under Section 447 of the Companies Act 2013 is punishable with imprisonment of six months to ten years, and a fine of up to three times the amount involved. The SFIO may arrest a person if it has reason to believe that the person has been guilty of fraud under Section 447. Additionally, ED proceedings may follow if the fraud involves proceeds of crime.
A person whose premises are being searched under the PMLA has the right to have the search conducted in the presence of two independent witnesses, to receive a copy of the panchnama (seizure memo), to have personal search conducted by a person of the same gender, and to consult a legal practitioner. Statements recorded under Section 50 are admissible in evidence.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.
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