White Collar Crime & Fraud Investigation
In white-collar crime and investigation matters, the firm acts for companies and their directors and officers, for banks and insurers, and for individuals. It defends clients from the investigation stage through trial and appeal, and advises multinational groups on internal investigations and on the mandatory reporting of offences under Indian law. It advises directors and officers on the civil and criminal liability that can arise in the course of their corporate responsibilities. Advice extends to pre-litigation strategy, crisis management and corporate remediation.
The legal framework
The substantive offences lie principally in the Bharatiya Nyaya Sanhita 2023, the Prevention of Corruption Act 1988, the Companies Act 2013 and the Negotiable Instruments Act 1881, with procedure governed by the Bharatiya Nagarik Suraksha Sanhita 2023. The Prevention of Money Laundering Act 2002 adds attachment and confiscation of property to prosecution before designated special courts, with attachments contested before the Appellate Tribunal and by writ before the High Courts; the Fugitive Economic Offenders Act 2018 provides for declaration, attachment and confiscation before the same courts. Related work proceeds under the Foreign Exchange Management Act 1999, the Foreign Contribution (Regulation) Act 2010, the Insolvency and Bankruptcy Code 2016 and the securities regulations administered by SEBI, with appeals to the Securities Appellate Tribunal.
Scope
Internal investigations for multinational groups into misconduct by senior officials and employees, together with the consequent employment action and reporting of statutory offences to law enforcement.
Defence at the investigation stage before the Central Bureau of Investigation, the Enforcement Directorate and state police Economic Offences Wings, and in Serious Fraud Investigation Office investigations under the Companies Act 2013.
Money-laundering proceedings under the Prevention of Money Laundering Act 2002, including writ challenges to provisional attachment of assets, appeals before the Appellate Tribunal and trial before the designated special courts.
Petitions before High Courts to quash criminal proceedings, and defence of foreign corporations and their officers in parallel civil and criminal actions brought by Indian counterparties.
Writ proceedings concerning Look-Out Circulars, Wilful Defaulter classifications and fraud declarations, including for banks defending challenges brought by borrowers.
Civil litigation for banks arising from bank frauds, including questions of vicarious liability for the acts of bank officers and of contributory negligence through the connivance of a claimant's own employees.
Bail, anticipatory bail and habeas corpus applications in economic offence cases, and cheque dishonour proceedings under the Negotiable Instruments Act 1881.
Investigation of misappropriation and siphoning of funds, tender and bid fraud, employee fraud, and data and intellectual property theft, including court action seeking to restrain dissemination of company data.
Cross-border investigations, including under the US Foreign Corrupt Practices Act (FCPA), and matters involving the US Securities and Exchange Commission (SEC), the Public Company Accounting Oversight Board (PCAOB) and the Office of Foreign Assets Control (OFAC).
Advice to directors and officers, including nominee directors of foreign investors, on liability arising from regulatory investigations, and representation before the Securities Appellate Tribunal in challenges to orders of the Securities and Exchange Board of India (SEBI).
Where it applies
Writing on this subject
Corporate Investigations and Indian Data Privacy Law
Rajat Pradhan, Padmanabh Sethunath · Mondaq · 14 January 2026