Criminal Defence · Delhi NCR

Criminal Defence & Economic-Offence Practice
in Delhi NCR

A focused white-collar criminal defence practice — PMLA, Enforcement Directorate, CBI, Economic Offences Wing, and bank-fraud matters — operating across the Delhi High Court, six district-court complexes, and the Supreme Court of India. Senior Partner-led; integrated with the firm's debt recovery and banking-litigation work for matters that traverse civil and criminal forums.

BNS 2023BNSS 2023PMLA 2002PC Act 1988CrPC bridge for pre-July-2024 cases
Venues:Delhi High CourtPatiala HouseTis HazariSaketRohiniDwarkaKarkardoomaSupreme Court

Criminal defence in Delhi NCR has been transformed twice in the last decade. First by the consolidation of economic-offence enforcement under the Enforcement Directorate, the Central Bureau of Investigation, and the Serious Fraud Investigation Office. Second, more recently, by the legislative reset of 1 July 2024 — when the Bharatiya Nyaya Sanhita 2023 replaced the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita 2023 replaced the Code of Criminal Procedure, and the Bharatiya Sakshya Adhiniyam 2023 replaced the Indian Evidence Act. Defence counsel today operate across both regimes simultaneously: cases registered before 1 July 2024 continue under the IPC and CrPC; cases registered after run under the new codes.

Unified Chambers and Associates is, primarily, a debt-recovery and banking-litigation firm. The criminal practice is a deliberate extension of that focus, not a separate generalist offering. Many of the white-collar matters before the Delhi High Court originate as banking events — an NPA that escalates into a wilful-defaulter declaration, that escalates into a CBI bank-fraud FIR, that escalates into PMLA proceedings before the Adjudicating Authority. Counsel who already understand the underlying SARFAESI, IBC, and DRT proceedings carry contextual fluency that pure-criminal counsel sometimes lack. This page sets out the scope, the statutory framework after the July 2024 reset, the forum landscape across Delhi NCR, the recent landmark precedents the team relies on, and the practice areas covered.

The Statutory Reset of 1 July 2024

The three new criminal codes do not invent a wholly new system; they renumber and rewrite an inherited one. Most substantive offences carry over with section numbers shifted. Defence counsel must read both the old and the new carefully — section bridges matter for limitation, transitional cases, and case-law applicability.

Recent Landmark Precedents

Defence strategy in white-collar matters draws on a small set of consistently-applied Supreme Court decisions. These are the cases the firm relies on most often in Delhi High Court bail submissions and PMLA proceedings.

Landmark — PMLA Constitutionality and Bail

Vijay Madanlal Choudhary v. Union of India

(2022) 11 SCR 382 · (2022) SCC OnLine SC 929
A three-judge bench of the Supreme Court upheld the constitutional validity of key provisions of the Prevention of Money Laundering Act 2002, including the Section 45 twin-test for bail and the Section 50 examination procedure. The Court held that ED authorities are not police officers for the purposes of Section 25 of the Indian Evidence Act, that an ECIR is not equivalent to an FIR, and that the burden of proof shift in Section 24 is constitutionally permissible. Practical effect: bail under Section 45 PMLA at the trial court is exceptionally difficult; defence strategy realistically targets the High Court and the Supreme Court.
Landmark — Bail Framework Standardisation

Satender Kumar Antil v. Central Bureau of Investigation

(2022) 10 SCC 51
The Supreme Court issued comprehensive guidelines on grant of bail, classifying offences into four categories: ordinary offences punishable with imprisonment up to seven years; economic offences not covered by special acts; offences punishable with death or life imprisonment; and offences under special acts (NDPS, PMLA, UAPA, Companies Act). Different bail considerations apply to each category. Practical effect: bail submissions in white-collar matters now expressly map the offence to a Satender Kumar Antil category and argue from the corresponding standard.
Landmark — Written Grounds of Arrest

Pankaj Bansal v. Union of India

(2024) 7 SCC 576 · 2023 INSC 866
The Supreme Court held that grounds of arrest under Section 19 of the PMLA must be furnished to the accused in writing. Oral communication of grounds is insufficient. Failure to provide written grounds renders the arrest illegal and entitles the accused to release. The principle has since been codified in Section 47 BNSS for general criminal procedure. Practical effect: bail and habeas corpus submissions in PMLA matters routinely begin with the question of whether written grounds of arrest were served at the time of arrest.
The basic rule is bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses.— State of Rajasthan v. Balchand alias Baliay (1977) 4 SCC 308 · reaffirmed in Satender Kumar Antil (2022)

Practice Areas

Seven specialist niches under the criminal vertical. Each has a dedicated page with statutory framework, procedural roadmap, and Delhi-specific forum considerations.

The Seven Niches
PMLA §§ 3, 5, 19, 24, 45, 50

PMLA Defence

Enforcement Directorate proceedings under the Prevention of Money Laundering Act 2002 — Section 50 examination, Section 19 arrest, attachment under Section 5, adjudication under Section 8, and bail strategy under the Section 45 twin test.

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PMLA · FEMA · FEOA

Enforcement Directorate Defence

ED FEMA contraventions, PMLA proceedings, Foreign Exchange Management adjudication, and provisional attachment defence. Strategy across the parallel CBI/EOW predicate FIR.

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PC Act · BNS · CBI Special Courts

CBI Investigation Defence

CBI cases registered under the Prevention of Corruption Act 1988, the Companies Act, and offences against banks. Trial defence at Patiala House and Rouse Avenue special courts.

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BNS 316 · BNS 318 · BNS 336

White-Collar Criminal Defence

Corporate-fraud allegations, director liability, SFIO investigations, and offences under BNS Sections 316 (criminal breach of trust), 318 (cheating), and 336 (forgery).

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BNSS § 482

Anticipatory Bail (Delhi)

Pre-arrest protection under Section 482 BNSS (formerly Section 438 CrPC). Filed before Sessions Courts and the Delhi High Court depending on offence category and forum availability.

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BNSS § 483 · Art. 226

High Court Bail (Delhi)

Regular bail and bail-cancellation matters before the Delhi High Court under Section 483 BNSS. Strategy for non-bailable offences, repeat applications, and writ remedies under Article 226.

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PC Act · BNS 316(5) · PMLA

Bank Fraud Defence

Defence in CBI bank-fraud FIRs, RBI Master Direction on Frauds proceedings, wilful-defaulter declarations, and parallel PMLA attachments. Natural extension of our DRT/SARFAESI practice.

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Forum Landscape · Delhi NCR

Where We Appear

Eight criminal forums across Delhi NCR. Trial-court venue is governed by Section 197 BNSS (territorial jurisdiction); appellate and writ remedies are concentrated at the Delhi High Court and the Supreme Court of India. Choice of forum, particularly for bail and writ matters, materially affects timing and outcome.

Delhi High Court
Bail · writ · revision · SLP origins
Patiala House Court
CBI special · ED PMLA · NDPS
Tis Hazari Court
Central + West Delhi sessions
Saket Court
South Delhi sessions
Rohini Court
North-West Delhi sessions
Dwarka Court
South-West Delhi sessions
Karkardooma Court
East + Shahdara sessions
Supreme Court of India
Article 136 SLPs · Article 32 writs
The Firm's Approach

How We Work

Three principles govern the criminal practice. First, narrowness: we accept matters that fit the white-collar and economic-offence focus and decline general criminal work that falls outside it. This keeps the team's expertise dense rather than thin. Second, integration with the financial-litigation practice: many criminal matters arrive at the firm through banking events, and the criminal team coordinates from day one with the DRT, SARFAESI, and IBC counsel handling the parallel civil proceedings. Third, bail is the strategic priority: in white-collar matters the difference between an in-custody and out-of-custody accused is the difference between a constructive defence and a defensive one. We invest heavily in bail strategy at the earliest stage.

Engagement begins with a confidential consultation — in person at the firm's Delhi High Court Complex chambers, or remotely for clients outside Delhi. The first conversation maps the matter: which agency is investigating (ED, CBI, EOW, SFIO, Delhi Police), which provisions are invoked (BNS, PMLA, PC Act, BNSS procedural sections), what the evidentiary position looks like, and what immediate protective steps are needed. For active arrests, the response is in hours; for ED summons, in days; for anticipatory bail filings, typically within 12 to 24 hours of engagement.

The criminal team is led by Senior Partner Advocate Subodh Bajpai (LLM, MBA — XLRI Jamshedpur), with appearance support across Delhi NCR district courts, the Delhi High Court, and the Supreme Court of India. Engagement and empanelment enquiries: legal@unifiedchambers.com · +91 84008 60008.

Frequently Asked

Questions and Answers

What kind of criminal matters does Unified Chambers handle in Delhi NCR?

Our criminal practice focuses on white-collar and economic-offence defence: matters before the Enforcement Directorate (PMLA proceedings), Central Bureau of Investigation, Economic Offences Wing of the Delhi Police, Serious Fraud Investigation Office, and complementary banking-fraud and corporate-fraud cases. We also handle bail strategy at every level — anticipatory bail under Section 482 BNSS (formerly Section 438 CrPC), regular bail under Sections 480 and 483 BNSS, and bail at the Delhi High Court under Section 484 BNSS. We do not undertake general crime, road-traffic offences, or matrimonial-family criminal matters outside HNI engagements.

How is BNS 2023 different from IPC?

The Bharatiya Nyaya Sanhita 2023 replaced the Indian Penal Code 1860 from 1 July 2024. Substantively, most offences continue with renumbering — for example, Section 420 IPC (cheating) is now Section 318 BNS, Section 406 IPC (criminal breach of trust) is now Section 316 BNS, and Section 302 IPC (murder) is now Section 103(1) BNS. The BNS introduces new offences such as organised crime under Section 111, terrorist acts under Section 113, and mob lynching as a distinct category. Cases registered before 1 July 2024 continue to be tried under the IPC; cases registered after that date are tried under the BNS. Defence counsel needs fluency in both regimes.

How does BNSS 2023 change bail and procedure?

The Bharatiya Nagarik Suraksha Sanhita 2023 replaced the Code of Criminal Procedure 1973 from 1 July 2024. Key procedural shifts include: anticipatory bail moved from Section 438 CrPC to Section 482 BNSS; regular bail framework now under Sections 480 to 483 BNSS; mandatory written grounds of arrest under Section 47, codifying the Supreme Court direction in Pankaj Bansal v. Union of India; videography of search and seizure under Section 105; and time-bound trial directions in Section 346. The substantive bail jurisprudence — Satender Kumar Antil categories, the twin test for PMLA bail under Section 45, the principle that bail is the rule and jail the exception — continues to operate within the new procedural framework.

What is the bail framework for PMLA cases?

Section 45 of the Prevention of Money Laundering Act 2002 imposes a twin test for bail: the prosecutor must be heard, and the court must be satisfied that there are reasonable grounds for believing the accused is not guilty and will not commit any offence while on bail. The Supreme Court in Vijay Madanlal Choudhary v. Union of India (2022) upheld this twin test. However, in Satender Kumar Antil v. CBI (2022), the Court re-emphasised the principles of personal liberty and graded the bail framework by offence category. In practice, PMLA bail at the trial court is exceptionally difficult; the realistic path is the Delhi High Court under Section 483 BNSS or the Supreme Court via Special Leave Petition. Bail strategy must account for the parallel proceedings under the predicate offence (often a CBI or EOW FIR).

Why a debt-recovery firm for criminal defence?

Our criminal practice is a deliberate extension of the firm's existing financial-litigation work, not a generalist criminal practice. Many white-collar matters originate from banking events: NPA classifications that escalate to wilful-defaulter declarations, then to CBI bank-fraud FIRs, then to PMLA proceedings before the Adjudicating Authority. Counsel who already understand the underlying SARFAESI, IBC, and DRT proceedings carry contextual fluency that pure-criminal counsel often lack. The same logic applies to Section 138 NI Act portfolios that scale into criminal IPC 420 (now BNS 318) and Section 463 (now BNS 336) prosecutions. Our criminal team works alongside the debt-recovery team rather than as a separate silo.

Where in Delhi NCR do you appear?

Across all eight major criminal forums in Delhi NCR: the Supreme Court of India for Special Leave Petitions, the Delhi High Court for bail and writ matters, and the six district-court complexes — Patiala House Court (New Delhi District), Tis Hazari Court (Central and West Delhi), Saket Court (South Delhi), Rohini Court (North-West Delhi), Dwarka Court (South-West Delhi), and Karkardooma Court (East and Shahdara). Selection of the trial venue is governed by Section 197 BNSS (territorial jurisdiction). For empanelled clients, our team coordinates appearances across multiple courts in a single day.

How quickly can you respond to an arrest or ED summons?

Criminal matters are time-critical. For active arrest situations, the firm responds within hours: a designated counsel attends remand, files for bail under the appropriate BNSS section, and coordinates with family. For ED Section 50 summons or Section 19 arrest, our team prepares the witness for examination, briefs on the right against self-incrimination under Article 20(3), and where necessary files for anticipatory bail under Section 482 BNSS before the Delhi High Court or Sessions Court. Anticipatory bail filings are typically prepared within 12 to 24 hours of engagement. Contact +91 84008 60008 or legal@unifiedchambers.com — for urgent criminal matters, mark the message URGENT.

Do you handle Supreme Court Special Leave Petitions in criminal matters?

Yes — for SLP Criminal filings against orders of the Delhi High Court and other High Courts. The firm has an Advocate-on-Record associated practice for Supreme Court filings. Article 136 SLPs are filed against final judgments and orders in criminal matters; the typical bail-related SLP is filed against High Court orders refusing or granting bail. The 30-day limitation under Article 134 of the Limitation Act runs from the date of the impugned order. Our team prepares and files within this window, including condonation of delay applications where the limitation has expired with sufficient cause.

Engagement

Speak to Counsel

For active arrests, ED summons, anticipatory bail filings, or empanelment discussions, contact the firm directly. Confidential consultations available in person at Delhi High Court Complex chambers or remotely.

WhatsApp +91 84008 60008legal@unifiedchambers.com
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