The arrest provisions regulate when police may arrest without warrant and the duties that follow. The arrested person must be informed of the grounds of arrest and, where applicable, the right to bail; section 38 recognises a right to meet an advocate of choice during interrogation, though not throughout it.
The first hours and days
Investigation Response
A coordinated first response to summons, searches, seizures, questioning, arrest risk and simultaneous demands on the business and its people.
01 · Agency, event and exposure
The questions that organise the response.
Which authority is acting, under what power and at what procedural stage?
What must be preserved, produced or attended to—and by when?
Are the interests of the company, officers, employees and third parties aligned?
What communications could create inconsistency across parallel proceedings?
02 · Core legal framework
The statutory map behind the investigation.
A production direction may extend to documents, electronic communications and communication devices. Search powers differ by source, and the Sanhita includes general safeguards and audio-video recording requirements for search and seizure.
Electronic and digital records are not denied legal effect merely because of their form, but proof requirements still matter. Native files, metadata, access history and a reliable chain of custody can become central to the evidentiary record.
ED, SFIO, SEBI, CBI, EOW and banking-related proceedings do not all use the same source of power. The notice, authorisation, statutory provision, forum and deadline should be identified before a response is planned.
03 · What may happen next
A process map before a prediction.
- 01 Stabilise the immediate event
- 02 Identify powers and deadlines
- 03 Build one verified chronology
- 04 Coordinate agency-specific strategy
04 · Immediate lawful priorities
Protect the record, the person and the business.
Preserve records and legal rights without interfering with the investigation.
Create a reliable record of notices, authorisations, materials taken and statements made.
Separate urgent liberty, asset and business-continuity issues from longer-term merits strategy.
05 · Relief and response pathways
The response depends on stage, forum and objective.
Summons and attendance strategy
Search-response coordination
Bail and liberty protection
Challenges to seizure or freezing
Parallel-proceeding management
This is a non-exhaustive overview of the legal framework, reviewed on 25 August 2026. The applicable provision, limitation period, forum and relief depend on the notice, order and facts of the particular matter.
Law stated as at 25 August 2026.
06 · Frequently searched response questions
Summons, searches, devices and overlapping agencies.
What should be checked immediately after receiving an investigation summons?
Identify the issuing authority, statutory provision, capacity in which attendance is required, date, place, documents requested and consequences stated. Preserve the notice and delivery record, then coordinate the response with any connected company, police, regulatory or court proceeding.
Can an agency seize a mobile phone, laptop or electronic records?
Different statutes contain different production, search, seizure and freezing powers. Record the authorisation, devices or accounts affected, hash or inventory details where provided, persons present and any later retention or forensic process. Do not erase, reset or remotely alter a device once an investigation is anticipated.
Can a lawyer be present during questioning?
The answer depends on the statute, whether the person is arrested, the authority’s procedure and any applicable court order. For police interrogation, the BNSS recognises a right of an arrested person to meet an advocate during interrogation, though not throughout it; other questioning regimes require their own analysis.
What if ED, CBI, SFIO, SEBI or another agency contacts the business at the same time?
Create one verified chronology and document index, but keep each agency’s legal test, deadline and forum distinct. Company, director, employee and third-party interests should be checked for conflicts before joint statements or submissions are made.
What does a DGGI summons under section 70 of the CGST Act require?
A section 70 summons may require attendance to give evidence or produce documents in an inquiry. The proper officer, scope, records, person summoned and connected search, arrest or prosecution exposure should be identified. CBIC’s instructions state that the power should be exercised judiciously and that routine summoning of senior officials should be avoided.
What does a DRI summons under section 108 of the Customs Act mean?
Section 108 permits a gazetted customs officer to summon a person whose attendance is considered necessary to give evidence or produce documents or things in a customs inquiry. The goods, transaction period, import or export documents, role and any search, seizure or arrest process require separate review.
Is an ED inquiry under FEMA the same as a PMLA case?
No. FEMA addresses foreign-exchange contraventions through its own investigation, adjudication, penalty, compounding and appeal framework. PMLA concerns alleged proceeds of crime and has separate search, attachment, arrest and bail provisions. The document must be read under the statute actually invoked.
A disciplined first message
Begin with the authority, event and immediate consequence.
Describe the situation only in general terms. Do not send confidential, privileged or sensitive material until the enquiry has been acknowledged and a suitable channel has been arranged.