EOW, CBI & White-Collar Defence

EOW (Economic Offences Wing) is a specialised investigative unit within state police that handles cheating, fraud, and financial-crime FIRs above a monetary threshold (varies by state). Procedurally, EOW investigations involve detailed forensic accounting, multiple summons under Section 160 CrPC, and longer chargesheet timelines. They often run in parallel with ED, SEBI, or RBI proceedings, defence strategy must be coordinated across all forums.

No. A CBI summons under Section 160 CrPC is a procedural step in an investigation that can become an arrestable offence. You should appear, but accompanied by counsel and after careful preparation. Statements before the CBI become part of the chargesheet record; an unprepared statement can foreclose defences later. LawCrust prepares a written representation and accompanies you to the CBI premises.

Section 212 of the Companies Act, 2013 empowers SFIO to investigate corporate fraud above certain thresholds. As a director or KMP, you face two layers: (1) personal liability if SFIO finds you a knowing party to fraud (Section 447), and (2) reputational consequences regardless of outcome. Defence involves cooperation with SFIO, parallel internal investigation, and pre-emptive disclosure where appropriate.

Promoter-vs-promoter disputes in India often start as a civil dispute and end up as EOW or 420 IPC complaints. The defence has three layers: (1) anticipatory bail at the Sessions Court; (2) writ petition quashing the FIR under Section 528 BNSS on grounds that the dispute is civil in nature (Lalita Kumari, State of Haryana v. Bhajan Lal); (3) parallel arbitration or civil suit if the underlying shareholder agreement has an arbitration clause. We run all three tracks.

SEBI insider-trading notices under the PIT Regulations 2015 trigger four parallel risks: (1) trading-ban order, (2) monetary penalty (up to ₹25 crore or 3x gains), (3) prosecution under SEBI Act Section 24, (4) market-access suspension affecting other listed-entity roles. Response within the statutory window is critical. We file detailed replies, attend personal hearings before the adjudicating officer, and where the matter merits, settle via the SEBI Consent Order route.

Mostly cooperate, but smart. Cooperation under Section 161 CrPC keeps you on the right side of the investigating officer, but you do not have to disclose self-incriminating material (Article 20(3) protection). The smart approach: full document cooperation, factual narrative, but no admissions of mental state or intent. Counsel-led prep before every appearance is non-negotiable.