Economic Offences and White-Collar Crime

Economic offences are offences involving financial dishonesty, usually investigated by the Economic Offences Wing of the Delhi Police, the Enforcement Directorate or other agencies. This page explains how such matters generally proceed.

Offences commonly involved

How a matter usually proceeds

A complaint is made to the police or the Economic Offences Wing, and an FIR is registered where the information discloses a cognizable offence. A preliminary enquiry under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is not automatic: it is available only for cognizable offences punishable with imprisonment of three years or more but less than seven years. Investigation, summons and, where applicable, arrest are followed by a charge sheet. The court then decides whether to take cognizance, frame charges or discharge the accused, and the matter proceeds to trial.

Stages at which the law offers remedies

Civil disputes and criminal complaints

Courts have repeatedly held that a breach of contract or a commercial dispute does not by itself amount to cheating or breach of trust. The question in each case is whether dishonest intention existed at the time the promise was made, or whether property was entrusted and then dishonestly misappropriated.

Complaints by companies

Companies, including foreign companies with operations in India, are often the victims of fraud by employees, vendors or distributors, such as kickbacks, diversion of funds and false invoicing. The police and the court that can act depend on where the offence was committed, where its consequences followed or where the proceeds were received, and not merely on where the company operates. A complaint is made to the police or the Economic Offences Wing, supported by the company’s records. An FIR is registered where the information discloses a cognizable offence. For cognizable offences punishable with imprisonment of three years or more but less than seven years, the officer in charge may, considering the nature and gravity of the offence, either hold a preliminary enquiry to ascertain whether a prima facie case exists or proceed directly with the investigation under Section 173(3) BNSS. The choice is discretionary, not mandatory. An enquiry requires the prior permission of an officer not below the rank of Deputy Superintendent of Police and must be completed within fourteen days.

Where the officer in charge refuses to register the FIR, the complainant must first send the substance of the information in writing to the Superintendent of Police under Section 173(4) BNSS. If that does not lead to action, an application may be made to the Magistrate under Section 175(3), supported by an affidavit and accompanied by a copy of the application to the Superintendent of Police. The Magistrate must consider the submissions of the police officer and, after such enquiry as he thinks necessary, pass a reasoned order. The Supreme Court so held in Om Prakash Ambadkar v. State of Maharashtra (2025 INSC 139), and a mechanical direction to register the FIR is not sufficient.

Difficulties companies commonly face

Companies and directors

Where an offence is alleged against a company, liability of individual directors generally depends on their role in the conduct of its business and on the provisions of the statute concerned. Vicarious liability is not presumed merely because a person holds a directorship.

Related practice areas

Last reviewed: October 2026

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