Quick answer: If you are being investigated for a financial or corporate offence in India, the law gives you real, enforceable protections. For many offences you should get a notice before any arrest. If you are arrested, you must be told the grounds in writing, you can meet an advocate, a relative or friend must be informed, and you must be produced before a magistrate within 24 hours. You can also apply for bail. Which rights apply, and how strongly, depends on which agency is investigating and under which law.

Key takeaways

• Police, the CBI, the Enforcement Directorate (ED) and the SFIO each work under different statutes, so your rights are not identical in every case.
• For offences punishable with up to seven years, police should ordinarily issue a notice of appearance before arresting (Section 35 BNSS).
• Written grounds of arrest are mandatory, and the Supreme Court has said an arrest without them can be vitiated.
• Statements given to ED officers can be used as evidence, so get legal advice before you respond to an ED summons.
• Never ignore a notice, and never destroy documents or devices.

What counts as white collar crime in India?

Indian law has no single definition of white collar crime. The term is used for non-violent, financially motivated offences. Under the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code on 1 July 2024, the usual charges are:

• Cheating: Section 318
• Criminal breach of trust: Section 316
• Forgery: Section 336
• Criminal conspiracy: Section 61

These are often combined with other laws, such as the Prevention of Money Laundering Act, 2002 (PMLA), the Prevention of Corruption Act, 1988, and Section 447 of the Companies Act, 2013, which deals with corporate fraud.

In practice, a single complaint can trigger several of these at once. A dispute over an unpaid business deal can start as a cheating complaint and later pick up money laundering allegations.

Which agency investigates, and why it matters

This matters because the safeguards differ. Police arrests are governed mainly by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). ED arrests are governed by Section 19 of the PMLA, and bail under the PMLA is harder to get. Knowing which agency has contacted you is the first step in understanding your position.

What rights does an accused person have during investigation?

Procedure is now governed by the BNSS, read with Articles 20 and 22 of the Constitution, which set the baseline protections.

Do police have to give notice before arrest?

For offences punishable with imprisonment up to seven years, Section 35 BNSS generally requires police to issue a notice asking you to appear, rather than arrest you straight away. They can still arrest if they record specific reasons, such as a risk that you will tamper with evidence, abscond or intimidate witnesses. Cheating under Section 318 BNS often falls in this category, but the outcome depends on the exact sections charged.

Must the grounds of arrest be given in writing?

Yes. Article 22(1) of the Constitution and Section 47 BNSS require that an arrested person be told why they are being arrested.

The Supreme Court has made this requirement firm:

• In Vihaan Kumar v. State of Haryana (7 February 2025), the Court held that informing the accused of the grounds is a mandatory constitutional requirement, and that failure to do so vitiates the arrest.
• In Mihir Rajesh Shah v. State of Maharashtra (6 November 2025), the Court required the grounds to be given in writing, and in time before the accused is produced for remand, in all offences. Please read the judgment itself for the exact timing direction.
• For PMLA arrests, Section 19 and Pankaj Bansal v. Union of India (2023) impose a similar written-grounds requirement on the ED.

Can you meet a lawyer and inform your family?

Yes. Article 22(1) guarantees your right to consult an advocate of your choice. Section 38 BNSS allows you to meet your advocate during interrogation, though not for the entire duration of it. Section 48 BNSS requires police to inform a relative or friend about your arrest.

How soon must you be produced before a magistrate?

Within 24 hours. Article 22(2) of the Constitution and Section 58 BNSS bar detention beyond 24 hours without a magistrate’s order. Any further custody needs judicial scrutiny under Section 187 BNSS, where the magistrate decides whether to grant police custody or send you to judicial custody.

Are you protected from self-incrimination?

Article 20(3) says no person accused of an offence can be compelled to be a witness against themselves. In reality, the protection has limits. In Vijay Madanlal Choudhary v. Union of India (2022), the Supreme Court held that statements recorded by ED officers under Section 50 of the PMLA are admissible as evidence. If you are summoned by the ED, speak to an advocate before you go.

Are your conversations with your lawyer protected?

Largely, yes. On 31 October 2025, in In Re: Summoning Advocates (2025 INSC 1275), the Supreme Court held that investigating agencies cannot ordinarily summon advocates to extract details of their clients’ cases.

There are narrow exceptions under Section 132 of the Bharatiya Sakshya Adhiniyam, 2023. They require written approval from an officer of Superintendent of Police rank or above, and courts can review them. Two limits to remember: the privilege does not cover documents, and in-house counsel are not protected in the same way.

How can you get bail in a financial crime case?

There are several routes, depending on where you are in the process.

• Anticipatory bail (Section 482 BNSS): apply before arrest if you believe you will be arrested.
• Regular bail: after arrest, apply to the Magistrate or Sessions Court, and then the High Court if needed.
• Default bail (Section 187(3) BNSS): if the investigation is not completed within 60 or 90 days, depending on the offence, you become entitled to bail, provided you are ready to furnish it.
• PMLA cases: Section 45 imposes stricter twin conditions. The court must be satisfied that there are reasonable grounds to believe you are not guilty and that you are unlikely to reoffend while on bail.
• Quashing (Section 528 BNSS): a High Court can quash proceedings in suitable cases, for example where a purely civil or contractual dispute has been dressed up as a criminal complaint.

What to do if you receive a notice or summons

A calm, methodical response protects you. Here is a sensible order of steps.

1. Read the notice carefully. Note the agency, the law it cites, and the date and place of appearance.
2. Do not ignore it. Either appear, or ask for more time through your advocate.
3. Preserve everything. Keep all documents, emails and devices. Destroying evidence is itself an offence under the BNS.
4. Read before you sign. Go through any statement in full, and ask for a copy for your records.
5. Speak to an advocate early. If arrest looks likely, discuss anticipatory bail right away.

Final thoughts

Investigations rarely follow a single path. Agencies can act in parallel, and a notice at one stage can shape what happens later. The people who come out best are usually those who understood their rights early, responded on time and took advice before speaking. If you or your business has received a notice, do not wait to see how it develops.

Disclaimer: This article is general information, not legal advice. Laws and court rulings change, and the right course depends on the facts of each case. Please consult a qualified advocate about your situation.

About the author: Anirudh Suresh is an advocate in Bengaluru practising corporate and commercial law.