You Have Just Received a Summons. Read This First.
Do not ignore it. Non-appearance without a reasoned written request can lead to penal consequences and coercive action.
Do not go in unprepared. A statement recorded by the ED under Section 50 PMLA can be used as evidence against you.
Do not delete, edit or “tidy up” any document, chat or account. That can create a fresh offence and destroys your defence.
Do not sign anything you have not read, and do not rely on an oral assurance that you are “only a witness”.
A summons from a central or state investigating agency is not an arrest — but it is the moment when the most important decisions of your case are made. What you say, what documents you hand over and whether you have taken legal protection beforehand can shape everything that follows.
Pramanika Legal handles summons response and pre-arrest strategy for ED, CBI and EOW matters in Delhi NCR as part of our ED lawyer Delhi practice. Led by Advocate Akhil Bharat Kukreja, we review the notice the same day, tell you in plain terms where you stand, and prepare you before you walk in.
ED, CBI and EOW: Who Can Summon You and Under What Law
| Agency | Typical trigger | Legal basis | What to expect |
|---|---|---|---|
| ED | Money-laundering probe; ECIR registered on the basis of a scheduled offence (bank fraud, cheating, corruption, etc.) | Section 50 PMLA (summons); Section 17 (search); Section 19 (arrest); Section 5 (attachment) | Statement recorded; document demands; possible attachment of assets; arrest in serious cases |
| CBI | Bank fraud, corruption, large multi-state economic offences, cases referred by courts or states | Section 35 BNSS notice (earlier Section 41A CrPC); Section 179 BNSS for witnesses | Questioning at the CBI office; document notices; possible Look Out Circular |
| EOW (Delhi Police) | Cheating, breach of trust, forgery, investment and property fraud above the EOW threshold | Section 35 BNSS notice; Section 94 BNSS for production of documents | Verification of complaint; questioning; FIR; arrest in serious cases |
ED
- Typical trigger
- Money-laundering probe; ECIR registered on the basis of a scheduled offence (bank fraud, cheating, corruption, etc.)
- Legal basis
- Section 50 PMLA (summons); Section 17 (search); Section 19 (arrest); Section 5 (attachment)
- What to expect
- Statement recorded; document demands; possible attachment of assets; arrest in serious cases
CBI
- Typical trigger
- Bank fraud, corruption, large multi-state economic offences, cases referred by courts or states
- Legal basis
- Section 35 BNSS notice (earlier Section 41A CrPC); Section 179 BNSS for witnesses
- What to expect
- Questioning at the CBI office; document notices; possible Look Out Circular
EOW (Delhi Police)
- Typical trigger
- Cheating, breach of trust, forgery, investment and property fraud above the EOW threshold
- Legal basis
- Section 35 BNSS notice; Section 94 BNSS for production of documents
- What to expect
- Verification of complaint; questioning; FIR; arrest in serious cases
Are You a Witness, a Suspect or an Accused? Why It Matters
The notice rarely tells you. Under the PMLA, the ED can summon any person it considers relevant to an inquiry, and the person summoned must attend and state the truth (Section 50). In Vijay Madanlal Choudhary v. Union of India (2022), the Supreme Court held that an ECIR is an internal ED document and not equivalent to an FIR, and that a person summoned under Section 50 is not necessarily an “accused” at that stage — so the protection against self-incrimination under Article 20(3) may not shield what you say at the summons stage.
In practice your status can change in a single sitting: a witness answering questions can be treated as a suspect by the end of the day. That is why the first appearance must be planned, not improvised. Our ED, CBI or EOW: first 48-hour playbook walks through the first steps in more detail.
What a Lawyer Does Before You Appear
- Reads the summons and whatever case material is available, and identifies the capacity in which you are being called
- Maps the documents demanded: which you hold, which you do not, and which need a written explanation
- Sends a written request for a different date or mode (for example video conferencing) where there is a genuine reason
- Prepares you for questioning — a clean timeline, consistency with your records, and what not to speculate about
- Assesses whether anticipatory bail, a writ petition or a quashing petition should be filed before you appear — see our anticipatory bail lawyer Delhi page
Your Rights During Questioning
- You must be treated with dignity — no coercion, threat or physical force; you may request a medical examination if required
- You have the right to consult a lawyer. In D.K. Basu v. State of West Bengal the Supreme Court recognised that a person may meet their lawyer during interrogation, though not throughout it
- If the ED arrests you under Section 19 PMLA, the grounds of arrest must be given to you in writing (Pankaj Bansal v. Union of India, 2023)
- An arrested person must be produced before the designated court within 24 hours, and a family member must be informed
- Under the police provision for witnesses (Section 179 BNSS), women, minors, senior citizens and persons with disabilities are entitled to be questioned at their residence. See CBI summons: your first 48-hour defence playbook
