SPECIALIZED WHITE COLLAR CRIME TEAM:

Diwan Advocates maintains a robust and specialized White Collar Crime and Economic Offences practice, led by its Partner, Dr. Farrukh Khan. The Firm is widely recognised for advising and representing clients in high stakes matters involving allegations pertaining to complex financial, corporate, and regulatory misconduct. White collar prosecutions today are rarely confined to a single forum; they frequently unfold across parallel criminal, civil, regulatory, and insolvency proceedings, demanding a sophisticated command over substantive criminal law, procedural safeguards, and industry specific regulatory regimes. Our practice is defined by a strategic, defence oriented approach that is carefully aligned with the factual matrix, legal vulnerabilities, and commercial realities of each case.

INTERPLAY OF PMLA & IBC:

A key differentiator of our White Collar Crime practice is its strong integration with the Firm’s Insolvency and Bankruptcy Code (IBC) practice, coupled with our extensive experience in handling matters involving multiple cross implications. Our parallel expertise in insolvency and restructuring enables us to bring a nuanced understanding of corporate structures, financial arrangements, related party transactions, fund flows, and commercial decision making, which are issues that frequently form the core of allegations in economic offence and fraud prosecutions. Our experience in dealing with overlapping and interlinked proceedings, such as criminal prosecution, PMLA enforcement, insolvency processes, regulatory action, and civil recovery, allows us to anticipate risks, harmonise defence strategies, and prevent adverse spill over across forums, thereby adding substantial value to our clients’ overall defence.

OUR STRENGTH:

Our white collar crime team advises and represents clients across the entire spectrum of economic offences, including financial and banking fraud, credit related offences, corporate and accounting irregularities, diversion and misappropriation of funds, and money laundering proceedings under the Prevention of Money Laundering Act, 2002 (PMLA). We also act in matters relating to allegations in respect of cyber and technology enabled crimes, bribery and corruption, tax and fiscal offences, and violations of securities laws, corporate governance standards, and statutory compliance frameworks. The Firm regularly represents promoters, directors, key managerial personnel, senior executives, professionals, and corporate entities confronted with criminal prosecution, regulatory scrutiny, and enforcement action.

Diwan Advocates offers comprehensive, end to end legal support throughout the lifecycle of investigations and enforcement proceedings initiated by authorities such as the Enforcement Directorate (ED), Central Bureau of Investigation (CBI), Serious Fraud Investigation Office (SFIO), and securities and market regulators. Our experience spans advisory and representation in search and seizure actions, issuance of summons, recording of statements, provisional attachment and confiscation proceedings, arrest and bail matters, adjudication processes, as well as trial and appellate litigation. We routinely appear before Trial Courts, Special Courts, High Courts, and appellate forums across India in some of the most complex and sensitive white collar criminal matters.

WHITE COLLAR (NON-CONTENTIOUS) ADVISORY:

Beyond courtroom advocacy, the Firm places strong emphasis on proactive risk management and compliance. We advise clients on risk assessment, internal controls, compliance structuring, and preventive strategies designed to mitigate exposure to white collar criminal liability. Our objective is not only to defend proceedings once initiated, but also to safeguard personal and corporate rights, manage regulatory and reputational risk, and secure effective, outcome oriented solutions through precise legal strategy, deep subject matter expertise, and rigorous advocacy.

RECENT ENGAGEMENTS:

Diwan Advocates has extensive experience in advising and representing clients in some of the most sensitive and high profile white collar and economic offence matters in India. The Firm and its leadership have acted in cases involving senior political functionaries, prominent public officials, leading industrialists, infrastructure and real estate promoters, and senior executives of large corporate groups, where proceedings involved serious allegations of financial impropriety, corruption, money laundering, and abuse of official position.

Our experience includes representing clients in matters involving large scale infrastructure and real estate transactions, complex fund flow structures, alleged diversion and siphoning of funds, policy driven commercial decisions subjected to criminal scrutiny, and enforcement actions arising out of regulatory, vigilance, and investigative proceedings. Several of these matters have involved extensive media attention, multi agency investigations, and parallel proceedings before criminal courts, special courts under economic statutes, High Courts, and regulatory forums.

The Firm has also handled cases involving senior government officers and public servants facing prosecution under anti corruption laws, money laundering statutes, and economic offence frameworks, where defence strategy required a careful examination of decision making processes, statutory discretion, approvals, and the distinction between criminal intent and bona fide administrative or commercial actions.

Across these matters, our role has included advising during investigations, representing clients in search and seizure related proceedings, responding to summons and statements, handling arrest and bail proceedings, challenging attachment actions, and conducting trial and appellate litigation. Our experience in managing high stakes matters with cross implications across criminal law, regulatory enforcement, insolvency proceedings, and civil disputes has consistently enabled us to deliver coherent and effective defence strategies while safeguarding both personal liberty and long term commercial interests.

In an aggressive competitive structure, Intellectual Property Rights acts as a stimulant in building good will and mark in the market despite of being an intangible asset. Intellectual property laws promote the creation of human ideas/intellect. Intellectual property has become a backbone for being a distinct identity amide other national and international players. The TRIPS Agreement established the minimum global standards of IPRs protection as well as rules on enforcement, not ending to this it has brought along domestic IPRs regimes of WTO members under the jurisdiction of the WTO dispute settlement system.

Team of experts here at Diwan Advocates deals with all the types of Intellectual property following:

Copyright: Copyright under IPR protects written and published works such as books, songs, artistic work, films, and web content. Attorneys here provide a host of advisory services to their clients including Filing and prosecuting applications for registration of Copyright in India and internationally, Infringement and validity advice, Litigation: Cancellation proceedings, appeals, civil suits and criminal actions for infringement, Anti-piracy measures, Post Registration Services, Assignment, licensing and transfer, Specific agreements.

Trademark: Trademark under IPR protects sign, symbols, and logos, device that distinguish products and services of one from its competitors. Experts at Diwan Advocates provide advisory on trademark related dispute matters, Filing and prosecuting Trade Mark and Service Mark applications at the Indian Trademarks Registry, Filing and prosecuting Trade Mark and Service Mark applications internationally with the cooperation of our foreign associates or under the Madrid Protocol, Infringement and validity opinion, Litigation: opposition, revocation, rectification, appeals, criminal and civil suits for infringement and passing off, anti-counterfeit action, Appellate Board proceedings, Trademark searches locally and internationally, Clearance of title, Domain Name Search, Brand selection advice, Journal watch services, Post-registration services, Renewals, Portfolio Management, Assignment, Licensing and Franchising.

Patents: Patents under IPR protects human intellect and inventions. Attorney’s at Diwan Advocates offers a wide array of services and solutions in patent filing and prosecution, dispute resolution and litigation in patent related matters. Drafting provisional & complete patent specifications for India and overseas, Filing and prosecuting applications at the Indian Patent Office and under the PCT, Filing and prosecuting applications internationally in co-operation with our foreign associates, Comprehensive patent searching with analysis & legal opinion for: Prior art, Novelty, Patentability, Freedom to operate / practice (FTO), Invalidation, Litigation support, Patent Litigation, Oppositions, Pre grant & post grant, Observation submissions, Infringement actions (Prosecution &Defence), Appeals (at the IPAB and in various Courts), Journal watch services, Post registration services such as renewals and filing statement of working, Licensing and transfer of technology, Portfolio Management.

Design: Filing and prosecuting applications for registration of Designs, Searches locally and internationally, Infringement and validity opinions, Litigation: cancellation proceedings, appeals, civil suits for infringement, Journal watch services, Post Registration Services, Renewals, Assignment and Licensing, Portfolio Management

Real Estate laws are concerned with the buying and selling of real estate properties. The Acts containing legal provisions is Real Estate (Regulation and Development) Act, 2016. Each state has its laws governing development, marketing and selling of real estate properties.

Diwan Advocates have been advising and representing its clients in various RERA Disputes on Land Acquisition, selling and purchasing, lease and taxation. Firm’s experience and services include advising, structuring and preparing drafts and documents including keeping in compliance with requisite stamp duty, registration process, and other approvals from statutory Bodies. The firm also represents clients in litigation filed against government bodies such as DDA, M.C.D, L&DO before various legal forums, in wide range of matters relating to land misuse disputes, land acquisition proceedings, sale of property, leasing matters, house tax issues, and municipal rules and byelaws. Other Real Estate practices include:

• Advising on Joint Venture Development

• Advising Development of Townships

• Development and promotion of Real Estate

• Drafting of Lease and sale Documentation

• Legal documentation and advise on Sale/Purchase/Lease of Property

• Landlord and Tenant Disputes • Land Use Regulation

• Mortgage and Finance Agreements

• Building, Development and Construction Contracts

• House Tax Disputes

• Projects and Retail Property Transactions

Matters relating restructuring and insolvency are regulated by Insolvency and bankruptcy code, 2016. The code is a watch dog for insolvency and liquidation process and proceedings involving all limited liability entities. Not limited to this the code governs insolvency and bankruptcy proceedings for individuals, partnerships as well. The government has set up a committee for recommendations for the adoption of UNICITRAL Model Law on Cross-Border Insolvency, 1997. Tribunals and authorities handling Insolvency and liquidation proceedings are National Company Law Tribunal (NCLT) National Company Law Appellate Tribunal (NCLAT). The strong expertise in core commercial and corporate laws, coupled with the understanding of various business sectors enables the firm to deliver holistic and effective guidance to the Clients.

Our firm expertise cover legal as well as commercial advice in the matters relating insolvency, settlements and restructuring, negotiations. We represent our clients before NCLT, NCLAT, High Courts and Supreme Court of India. Specifically, the team has rendered advisory and consultancy services to creditors on various potential issues that could arise as a result of an interplay between the Code and other applicable laws. The team has also initiated insolvency resolution process and sought relief before the NCLT on behalf of various Clients. The team supports with a strategic combination of advisory and litigation throughout the course of the insolvency proceedings to our Clients in order to safeguard their financial interests. The team is also well-positioned to deliver strategic advice to asset reconstruction companies. The team aids and guides in the assessment of assets and liabilities of a stressed company and accordingly advises the risk involved in taking over businesses of stressed companies undergoing resolution process.

Transfer of property is a wide branch of law prevailing since nineteenth century and in India is regulated by transfer of property act, 1882. The act came into force on 1st July 1882 and lays down provisions in context of transfer or property and conditions involving transfers. “Move of property” as per the act signifies and demonstrates by what way the individual passes on the property and comprehensively establishes all the legal rights of a person in property.

Diwan advocates have expertise in advising its clients robustly in the matters related property disputes and representing its client before authorities, High court and Supreme Court. We also assist in drafting and preparing legal documents including sale agreements, rent/lease deed, mortgage deed, gift deed, conveyance deed and more.

“Marriage” a scared ceremony, a bond tying not only the pair but the entire family, thus itself becomes a law equally important as any other law. India a secular country, with variety of religions and not having a uniform code, Muslim marriages are governed by Muslim Personal Law/ Shariat law whereas Hindu marriages are governed by Hindu Marriage Act, 1955 and similarly Christian Marriage Act, 1872 applies to Christians. In case of Special cases Special Marriage Act, 1954 applies universally to all religions. “Marriage is a contract” “Contracts are meant to be broken” therefore rules and regulations regarding troubled marriages are enshrined under Indian Divorce Act, 1869.

Diwan Advocates have been providing consultancy and assistance to their clients. We look after understanding and rigorously achieving our client’s needs. Diwan Advocates represent clients in family courts throughout India in matters related to divorce, child custody, child support, spousal support, equitable distribution and paternity actions. If you are seeking a family/divorce attorney to represent you in a divorce or child custody matter, you need one who will be an aggressive advocate for your interests and a compassionate and understanding legal counselor as you go through this difficult time. At Diwan Advocates, that is exactly what you will receive. We pride ourselves on our ability to meet the needs of our clients while giving them personal attention and service.

Law of Inheritance deals with Intestate Succession, Testamentary Succession and Partition. The laws are primary based on customary principles derived from uncodifiedpersonal laws. The Parliament has codified some of them i.e. The Indian Succession Act, 1925, The Hindu Succession Act, 1956, The Partition Act, 1893.

The Firm provides complete legal assistance in relation to drafting of Wills, deeds and other legal instruments. The Firm also drafts the legal documents i.e. Applications, Pleadings and Petition and appears before the Court of Law on behalf of its clients.

Diwan Advocates

Criminal Law Practice

That principle has never been merely academic. It sits at the foundation of every procedural safeguard in India's criminal justice system, from the right to be informed of the grounds of arrest to the presumption of innocence that runs through every trial. When those safeguards are respected, the system works. When they are not, the consequences for the person on the receiving end can be irreversible.

Criminal proceedings are unlike any other form of legal dispute. The state stands on one side with the full weight of its investigative machinery, prosecutorial resources, and custodial powers. The individual stands on the other, often frightened, sometimes already in custody, and almost always at the most vulnerable moment of their life. The quality of legal representation in that moment matters enormously.

At Diwan Advocates, our criminal law practice is built around the understanding that every client, regardless of the nature of the allegations, deserves a rigorous, knowledgeable, and fearless defence. We also represent complainants and victims who need the criminal law to work in their favour, pressing for accountability from those who have wronged them. We do both with equal commitment.

India's criminal law framework has undergone a historic transformation. The Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) together replaced the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act with effect from 1 July 2024. Our team has studied these new codes in depth, and we advise clients on how the transition affects pending matters, ongoing investigations, and the interpretation of new provisions that are being tested in courts for the first time.

Arrest, Custody, and Bail

For most clients, an arrest or a summons is the first point at which they need a criminal lawyer. What happens in the hours and days immediately after an arrest can shape the entire trajectory of a case. Securing bail promptly, preventing unlawful custodial treatment, and ensuring that the client's constitutional rights are not violated at this early stage are priorities that cannot wait.

Rights at the Time of Arrest

The Bharatiya Nagarik Suraksha Sanhita, 2023 preserves and in some respects strengthens the procedural safeguards that were contained in the CrPC. A person arrested must be informed of the grounds of arrest, has the right to be represented by a lawyer of their choice, and must be produced before a magistrate within 24 hours of arrest. Under Article 22 of the Constitution, no person can be detained beyond 24 hours without magisterial authority. We advise clients immediately upon arrest on the procedural requirements that the police must follow, and we intervene quickly when those requirements are not being observed.

Bail Applications

Securing bail is often the most urgent task in a criminal matter. The BNSS retains the basic distinction between bailable and non-bailable offences and introduces new provisions on bail, including a direction that courts must ordinarily grant bail to undertrial prisoners who have served a third of their maximum sentence. We file regular bail applications, anticipatory bail applications, and bail applications before the High Court and Supreme Court when lower courts have refused relief.

Bail hearings require both procedural familiarity and the ability to make compelling arguments quickly. We prepare detailed bail applications that address the twin considerations of flight risk and tampering with evidence, marshal the client's personal circumstances and ties to the community, and engage directly with any prosecution material that has been disclosed. Where bail has been refused on grounds that are legally unsustainable, we move higher courts without delay.

In matters under the Narcotic Drugs and Psychotropic Substances Act, 1985, the Prevention of Money Laundering Act, 2002, and certain offences under the Companies Act, 2013, bail is subject to stringent conditions that reverse the ordinary presumption in favour of the accused. We advise clients on the specific hurdles applicable to their matter and identify the arguments most likely to satisfy the applicable test.

Criminal Trial Defence

A criminal trial is a structured process, but it is rarely predictable. Evidence that seemed strong at the stage of the chargesheet can be weakened through cross-examination. Procedural errors by the prosecution can be identified and argued. Legal defences that were not apparent at first glance can emerge from a careful reading of the applicable law. Our trial lawyers are experienced in conducting the full range of proceedings before magistrate courts, sessions courts, and special courts.

Charge Framing and Discharge Applications

Once a chargesheet is filed, the accused has the right to apply for discharge if the material before the court does not make out a prima facie case. We prepare thorough discharge applications that test the prosecution's evidence against the legal ingredients of each offence alleged. Where the court frames charges, we examine each charge carefully to identify any that are unsustainable, legally duplicative, or incorrectly framed under the Bharatiya Nyaya Sanhita, 2023.

Cross-Examination and Evidence

Effective cross-examination is one of the most important skills in criminal trial practice. Prosecution witnesses are often police officers, forensic experts, or complainants with a strong personal interest in the outcome. Our lawyers prepare detailed cross-examination plans, test the reliability of witness statements, challenge procedural lapses in the investigation, and expose inconsistencies between statements recorded at different stages of the case. The Bharatiya Sakshya Adhiniyam, 2023 has updated the framework for admissibility of digital evidence, and we are equipped to handle matters where electronic records, call data records, surveillance footage, and forensic digital evidence form a significant part of the prosecution case.

Sentencing and Mitigation

When a conviction follows, the work is not over. Sentencing is a judicial exercise that must take into account not only the gravity of the offence but also the circumstances of the offender. We prepare detailed mitigation submissions that present the client's background, personal circumstances, remorse, and any factors in their favour, with a view to obtaining the most proportionate sentence the law permits.

White-Collar Crime and Economic Offences

Economic offences represent one of the fastest-growing areas of criminal exposure for individuals and corporations in India. The intersection of criminal law with financial regulation, tax law, and company law means that a client facing an economic offence allegation is almost always dealing with multiple agencies simultaneously.

Money Laundering and PMLA

The Prevention of Money Laundering Act, 2002 gives the Enforcement Directorate sweeping powers to investigate, attach, and prosecute. Money laundering is a standalone offence that is predicated on the existence of a scheduled offence under the PMLA's schedule, which includes fraud, corruption, drug trafficking, and a range of other crimes. The attachment of property under PMLA can cause significant financial harm long before any conviction, and seeking relief against provisional attachment orders is frequently the most urgent task when a PMLA investigation begins.

We advise individuals and companies facing PMLA proceedings on responding to ED notices and summons, challenging provisional attachment orders before the Adjudicating Authority, filing appeals before the Appellate Tribunal, and managing the intersection between ED proceedings and parallel proceedings by other agencies such as the CBI, income tax authorities, or SEBI.

Corporate Fraud and Companies Act Offences

The Companies Act, 2013 contains serious criminal provisions for corporate fraud under Section 447, which prescribes imprisonment of up to ten years for fraud involving a public interest element. Investigations by the Serious Fraud Investigation Office (SFIO) run concurrently with criminal proceedings and are governed by procedural rules that differ from ordinary police investigations. We represent directors, officers, and companies facing SFIO investigations and Companies Act prosecutions, advising on cooperation strategy, document production, and the rights of the accused during investigation.

Tax Evasion and Revenue Offences

Chapter XXII of the Income Tax Act, 1961 creates prosecution offences for wilful failure to file returns, wilful tax evasion, and the making of false statements in tax proceedings. These carry imprisonment of up to seven years. Search and seizure operations by the Income Tax Department are the typical trigger for such proceedings, and the manner in which a taxpayer responds in the immediate aftermath of a raid has significant implications for any subsequent prosecution. Our taxation and criminal law teams coordinate closely on these matters.

Insider Trading and SEBI Investigations

SEBI has quasi-criminal powers to prosecute insider trading and market manipulation under the Securities and Exchange Board of India Act, 1992. SEBI investigations often precede criminal referrals to other agencies and can result in disgorgement orders, trading bans, and monetary penalties in addition to prosecution. We advise promoters, fund managers, and market intermediaries on managing SEBI investigations and responding to show-cause notices that carry criminal implications.

Anticipatory Bail and Pre-Arrest Protection

Anticipatory bail under Section 482 of the BNSS (previously Section 438 of the CrPC) allows a person who apprehends arrest in a non-bailable case to obtain a direction from the Sessions Court or High Court that, if arrested, they shall be released on bail. This is a valuable remedy for clients who become aware of a criminal complaint or FIR before an arrest is made.

Anticipatory bail applications require a careful assessment of the FIR or complaint, the nature of the offences alleged, the investigation stage, and the arguments available on both sides. Courts examine the same flight risk and tampering factors that apply to regular bail, but also consider whether the applicant's apprehension of arrest is genuine and well-founded. We prepare and argue anticipatory bail applications promptly, understanding that timing is often decisive.

Representing Victims and Complainants

Criminal law is not only about defending the accused. Victims of crime also have legal interests that need to be protected. Under India's criminal law framework, a complainant has rights that go beyond simply filing an FIR. Victims can participate in bail hearings, challenge the grant of bail, move the court for expeditious trial, and in appropriate cases file a private complaint directly before a magistrate where the police have refused to register an FIR.

We file complaints under the Bharatiya Nyaya Sanhita, 2023 on behalf of victims of fraud, criminal breach of trust, cheating, defamation, and cybercrime. We pursue compensation for victims through the criminal courts as well as through civil proceedings running in parallel. Where police inaction is the problem, we file writ petitions seeking directions to register an FIR or conduct a proper investigation, drawing on our constitutional law practice.

Habeas Corpus and Custodial Rights

Where a person is unlawfully detained, whether by the police, a government authority, or a private party, a writ of habeas corpus under Article 226 of the Constitution before the High Court or Article 32 before the Supreme Court is the primary remedy. Habeas corpus petitions are heard urgently, often on the same day they are filed, and courts can order immediate production of the detained person.

We file habeas corpus petitions in cases of unlawful police detention beyond the statutory period, preventive detention under security laws, detention of foreign nationals, and cases where a person is being held under circumstances that suggest coercion or private confinement. These matters move quickly, and our constitutional and criminal law teams handle them together.

Criminal Appeals and Revisions

A criminal conviction is not necessarily the end of the road. Appeals to the Sessions Court, the High Court, and the Supreme Court are available on questions of fact, law, or both, depending on the nature of the conviction and sentence. Acquittals can also be challenged by the prosecution or, in limited circumstances, by the complainant.

We handle criminal appeals with the same rigour as the original trial. The appeal record is examined in full, the trial judge's reasoning is tested against the evidence on record, and fresh arguments are developed where the trial court made errors of law or drew incorrect inferences from the evidence. Where the sentence is excessive or inadequate, we file sentence appeals separately.

Revision petitions lie before the High Court against interlocutory orders of lower criminal courts that cause injustice but do not give rise to a right of appeal. They are commonly used to challenge orders refusing bail, orders framing incorrect charges, and procedural orders that prejudice the accused or the complainant. We advise on whether a revision or an appeal is the more appropriate route in any given situation and pursue the remedy most likely to achieve the client's objective.

Why Diwan Advocates for Criminal Law?

Legislative Reference Index

The table below covers the principal statutes and codes that govern criminal proceedings in India, with notes on their relevance to our practice and links to authoritative sources.

A criminal charge is one of the most serious things that can happen to a person or a company.

Diwan Advocates brings the knowledge, the preparation, and the courage in court that such moments demand.

Because when it matters most, the quality of your lawyer matters most.

Diwan Advocates  |  Delhi, India

Companies Act, 1956 & 2013 regulates the companies/ corporations formed under it and these corporations are administered by the Ministry of Corporate Affairs. Company is an independent legal entity incorporated by a group of persons to engage in and operate a business, commercial or industrial. It has to comply time to time with all the directions, regulations and laws issued by the Ministry of Corporate Affairs. National Company Law Tribunal is an adjudicating authority in relation to matters arising out of the provisions of Companies Act. The Orders passed by National Company Law Tribunal are appealable before National Company Law Appellate Tribunal. And the Orders passed by Appellate Tribunal are appealable before the Supreme Court of India.

The Firm advises and drafts the Policies, Memorandum of Articles, Contracts and any legal instrument in relation to the functioning and working of Board of Directors of the Companies in terms of Companies Act, 2013. The Firm also provides assistance in relation to the Bankruptcy and Insolvency issues, Winding up of company and Amalgamation, Merger or Reconstruction of company. The Firm also represents/appears on behalf of its clients before the National Company Law Tribunal, National Company Law Appellate Tribunal, and before the Supreme Court of India.