Called by the Economic Offences Wing: what to do

Most cases at the Economic Offences Wing begin with a complaint about money: an investment that did not return, a property deal, a business arrangement that went wrong. Being called by the EOW does not always mean there is an FIR. What you do in the first days decides a great deal.

First, find out where the matter stands

• Complaint under inquiry: the EOW is checking a complaint before deciding whether to register an FIR. For offences punishable with three to seven years, the police may hold a preliminary inquiry of up to 14 days before deciding (Section 173(3) BNSS).
• Notice as a witness: issued under Section 179 BNSS, to record what you know.
• Notice to appear as an accused: issued under Section 35(3) BNSS where an FIR exists and arrest is not considered necessary.

Before you go

1. Read the notice: the section, the date and time, the officer, and the complaint number or FIR number.
2. Collect the documents that tell your side: agreements, invoices, ledgers, bank statements, emails and messages.
3. Prepare a short written reply with an indexed set of documents, and keep a signed copy for yourself.
4. Take legal advice before the date, especially if an FIR has been registered.

At the EOW

• Go on time, with identity proof and the documents.
• Stick to facts you can support with papers; do not guess figures or dates.
• Ask for an acknowledgement of every document you hand over.
• Do not sign a statement you have not read in full.

The routes out

• Many complaints are really civil disputes about money. Showing that, with documents, at the inquiry stage can stop an FIR being registered.
• A genuine settlement with the complainant, recorded in writing, can close the inquiry, or lead to compounding or quashing if an FIR exists.
• Where an FIR is registered and arrest is a real risk, anticipatory bail can be sought from the Sessions Court or the High Court.

This note is general information. Every case is different; speak to a lawyer about yours.

This article is general information on the law as it stood on the date shown, not legal advice on any particular matter.