Defence in Serious Fraud Investigation Office investigations and prosecutions
The Bharatiya Nyaya Sanhita 2023 (BNS) replaced the Indian Penal Code with effect from 1 July 2024. The BNS reorganises substantive criminal law, introduces new offences (organised crime, terrorism, petty organised crime) and modifies the penalty structure for existing offences. Procedural law is governed by the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS, replacing the CrPC) and evidence law by the Bharatiya Sakshya Adhiniyam 2023 (BSA, replacing the Indian Evidence Act). AMLEGALS provides criminal defence across the full spectrum — anticipatory bail, regular bail, quashing, trial defence, appeal and revision.
White-collar criminal proceedings — including cheating (Section 318 BNS), criminal breach of trust (Section 316 BNS), forgery (Section 336 BNS), and offences under the Prevention of Corruption Act 1988, the IT Act 2000, the POCSO Act 2012 and sector-specific penal provisions — require specialised defence strategy. Investigation may be conducted by the state police, the CBI, the SFIO, the Economic Offences Wing or sector regulators. AMLEGALS advises from the investigation stage through trial, appeal and revision.
Advising the accused during investigation, responding to summons, attending interrogation with safeguards, and protecting against self-incrimination.
Filing anticipatory bail (Section 482 BNSS), regular bail (Section 480 BNSS) and default bail applications with supporting submissions.
Filing quashing petitions under Section 528 BNSS (formerly Section 482 CrPC) before the High Court to challenge FIR, charge sheet or summoning orders.
Conducting trial defence — cross-examination, evidence presentation, arguments on charge and final arguments on acquittal.
Filing criminal appeals before the Sessions Court and High Court, and revision petitions under Section 442 BNSS.
Representing complainants and victims in private complaints, Section 156(3) applications and victim-compensation proceedings.
The Bharatiya Nyaya Sanhita 2023 (BNS) replaced the Indian Penal Code with effect from 1 July 2024. It reorganises offences, introduces community service as a punishment for petty offences, adds new offences (organised crime under Section 111, terrorism under Section 113) and revises the penalty structure. The numbering is entirely different from the IPC.
Section 482 of the BNSS (formerly Section 438 CrPC) empowers the Sessions Court and High Court to grant anticipatory bail when a person has reason to believe that they may be arrested on accusation of a non-bailable offence. The court may impose conditions including cooperation with investigation, surrender of passport and attendance at the police station.
Yes. The High Court may quash an FIR under Section 528 BNSS (formerly Section 482 CrPC) if the allegations, even if taken at face value, do not disclose a cognisable offence, or if the continuation of proceedings would be an abuse of the process of the court. The Supreme Court’s guidelines in Bhajan Lal (1992) and subsequent decisions govern the exercise of this power.
The Serious Fraud Investigation Office (SFIO) investigates complex corporate frauds under the Companies Act 2013. An SFIO investigation may lead to prosecution before a Special Court. The SFIO has powers to arrest, search and seize documents, and its investigation reports are treated as police reports under the BNSS.
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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