White-Collar Crime Lawyer
Defence in CBI, ED, EOW and SFIO investigations — corporate fraud, bribery, forgery, criminal breach of trust and PMLA matters.
White-collar matters move on three tracks at once: the agency investigation (CBI, ED, SFIO, EOW), the High Court relief track (anticipatory bail, quashing, writ), and the parallel regulatory / civil track. Shield Law Firm runs all three. We act for company directors, professionals (CAs, CS, lawyers, doctors), and senior executives caught in cheating, criminal breach of trust, bribery, forgery and money-laundering allegations. Most of this work is about tight regulation of disclosures during investigation and obtaining pre-arrest protection while the case is being built.
Key laws & sections
- Prevention of Corruption Act, 1988 (as amended 2018)
The principal anti-bribery statute — Sections 7 (taking bribe), 8 (giving bribe), 13 (criminal misconduct by public servant). The 2018 amendment criminalised the bribe-giver too.
- Prevention of Money Laundering Act, 2002
Scheduled-offence-driven jurisdiction. Section 3 (offence of money laundering), Section 5 (provisional attachment), Section 50 (summons), Section 45 (twin-test for bail).
- Bharatiya Nyaya Sanhita — Sections 316, 318, 336, 343
Criminal breach of trust, cheating, forgery and using forged documents — the standard BNS load on white-collar FIRs.
- Companies Act, 2013 — Sections 447 & 212
Section 447 fraud (up to 10 years + 3x amount fine, scheduled offence under PMLA); Section 212 SFIO investigation jurisdiction.
- BNSS, 2023 — Sections 482, 483, 528 & Section 187(3)
Anticipatory bail, regular bail, quashing and statutory default bail — the four routes through which white-collar custody is contested.
How we run the matter
- 1Pre-investigation risk audit
Where a client suspects an investigation is coming (search notice, vendor questioned, partner picked up), we run a 48-hour audit — privileged-document segregation, device protection, witness preparation and pre-emptive Section 482 BNSS bail filing where warranted.
- 2Section 50 PMLA / Section 41A BNSS attendance
We attend ED / CBI summons with the client, regulate disclosures to scope, invoke Article 20(3) protection where the question incriminates, and document each session with our own contemporaneous record for later use.
- 3Anticipatory bail & search defence
Anticipatory bail under Section 482 BNSS at the right forum (Sessions or High Court depending on offence). Where searches occur, we attend, ensure Section 165 BNSS panchnama compliance, and segregate privileged material at the seizure point.
- 4Quashing & writ relief
Where the FIR / ECIR fails to disclose any scheduled offence, or the predicate offence has collapsed, we move Section 528 BNSS / Article 226 quashing — supported by Vijay Madanlal-line judgments on PMLA limits.
- 5Chargesheet, framing, trial & SLP
On chargesheet, full discharge / framing arguments. At trial, defence-witness leading, cross on contradictions and Section 351 BNSS statement protection. On adverse trial outcome, appeal and SLP.
A partner reviews every WhatsApp personally. No call centres, no junior triage.
WhatsApp +91 7982715470Why Shield for this
- ED / CBI summons attendance experience. We’ve attended dozens of Section 50 PMLA depositions across the ED’s Delhi and Lucknow zones — the regulation of what gets recorded under caution is often more important than the substantive defence months later.
- Quashing where the predicate is weak. Recent ECIR quashing matter — predicate offence under PCMCS Act had been quashed by the trial court for non-disclosure; we moved Section 528 BNSS petition arguing that without a surviving scheduled offence, the ECIR had no legs. Quashing granted at the admission stage.
- Pre-arrest protection in PMLA matters. Section 45 PMLA twin-test bail matter where bail was granted on Article 21 grounds — extended pre-trial custody disproportionate to the sentence — following the Pankaj Bansal / Senthil Balaji line.
- Discretion at every level. White-collar matters are reputationally sensitive. We don’t discuss matters at chambers, with juniors who aren’t on the file, or in any group context. Confidentiality is the brief.
Questions clients ask first
I’ve received a Section 50 PMLA summons. Can I refuse to attend?+
No — non-attendance is itself an offence under Section 50(3) PMLA. But attendance must be with counsel and with full preparation. We brief you on the scope, the questions you’re likely to face, the Article 20(3) protection on incriminating answers, and how to invoke privileged-communication protection. We attend with you and document the session.
Can the ED arrest me without filing an FIR or chargesheet first?+
Yes — ED has arrest powers under Section 19 PMLA based on its “reasons to believe” recorded in writing. The Pankaj Bansal judgment now requires those grounds to be furnished in writing to the arrestee. We move Section 482 BNSS anticipatory bail in parallel where arrest is feared, and challenge defective arrests on Pankaj Bansal grounds.
Can a PMLA case continue if the predicate / scheduled offence is quashed?+
No — Vijay Madanlal Choudhary and the post-judgment line (Pavana Dibbur, Yash Tuteja) have made clear that an ECIR cannot survive without a surviving scheduled offence. Where the predicate FIR is quashed, dropped or results in acquittal, we move Section 528 BNSS to quash the ECIR.
Mention “White-Collar” when you message us — it routes straight to the partner who runs this practice.
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