Representation of Clients Before Administrative Agencies

An administrative agency is a regulatory body established by a government or quasi-governmental body to formulate, monitor, and enforce laws and regulations within its jurisdiction.

• In a regulatory or supervisory role, an administrative agency is a public entity or body responsible for exercising autonomous control over specific areas of human activity.
• These agencies aim to ensure safety and adherence to norms.
• Generally, an administrative agency is established through legislation, i.e., it is created by an act passed in parliament.
• These agencies also perform tasks such as investigating, prosecuting, and gathering evidence. Investigations conducted by administrative agencies play a significant role in maintaining the integrity of laws, rules, and regulations. 

Types of Administrative Agencies

• There are several types of regulatory bodies, including financial regulatory bodies such as the Reserve Bank of India (RBI), the Board of Revenue, and the Securities and Exchange Board of India (SEBI). There are also regulatory bodies related to the industries, such as the Food Safety and Standards Authority of India (FSSAI).
• Additionally, there are regulatory bodies focused on crime and enforcement. Some of these administrative agencies are
  • Police
  • Directorate of Enforcement
  • Central Bureau of Investigation
  • Narcotics Control Bureau
  • Anti-corruption Bureau 

Overview of Key Agencies and Procedures

The Police

• The functioning of the police in India is multifaceted, involving law enforcement, crime prevention, and maintaining public order.
• The Indian police system operates under a hierarchical structure, with the Ministry of Home Affairs at the central level overseeing various state police forces.
• Each state and union territory has its police force headed by a Director General of Police (DGP).
• Police duties include investigating crimes, apprehending offenders, and enforcing traffic regulations.
• Additionally, they are responsible for handling public protests and ensuring the safety and security of citizens.
• The police work under various laws and regulations, including the Indian Penal Code/Bharatiya Nyaya Sanhita, the Code of Criminal Procedure/Bharatiya Nagarik Suraksha Sanhita, and specific state laws. 

Procedure in Brief 

• Registration of FIR: The police register an FIR when a cognizable offense is reported. This is the first step in initiating the criminal justice system. 
• Investigation: The police investigate the offense by collecting evidence, interrogating the accused, recording statements of witnesses, and conducting scientific analysis with the FSL team, medical board, and other relevant experts as required.
• Arrest: If the offense is cognizable, police can arrest the offender without a warrant. The arrested person must be informed of the reason for the arrest. Depending on the circumstances, the accused may be held in police custody or remanded to judicial custody. 
• Investigation Report: Upon completing an investigation, police prepare a conclusive report, commonly referred to as a charge sheet, challan, or final report. 
• Filing Charge-sheet: The police file the charge sheet with the concerned Magistrate, which includes the details of the offense, evidence collected, and the accused's statement.

The Directorate of Enforcement 

• The Directorate of Enforcement (ED) is a specialized financial investigation agency operating under the Department of Revenue, Ministry of Finance, Government of India.
• Its primary functions include enforcing the Foreign Exchange Management Act, 1999 (FEMA) and the Prevention of Money Laundering Act, 2002 (PMLA).
• The agency's key responsibilities include investigating foreign exchange violations, money laundering, and economic crimes, while ensuring compliance with relevant legal frameworks.
• The ED is empowered to attach assets, conduct searches and seizures, arrest individuals, and prosecute offenders involved in financial irregularities.
• By coordinating with other national and international law enforcement agencies, the Directorate of Enforcement aims to combat economic crimes and maintain the integrity of the financial system.

Procedure in Brief   

• Arrest under PMLA: The ED can arrest a person if they have reason to believe, backed by material evidence, that the person is guilty of an offense punishable under the PMLA.   
• Search and Seizure: Under section 17 of the PMLA and section 8 of the FEOA, 2018, the Authorised Officer is empowered to enter and search any building, place, vessel, vehicle, or aircraft where they suspect that records or proceeds of crime are kept. The officer can seize any record or property found during the search, place marks of identification on such records or properties if required, or make (or cause to be made) extracts or copies thereof. 
• Investigation: The ED conducts investigations to trace assets derived from the proceeds of crime, provisionally attach property, and ensure the prosecution of offenders and the confiscation of property by the Special Court. Under sections 16 and 17 of the PMLA, ED examines property and seizes money and documents.
• Adjudication: The adjudicating authority is responsible for adjudicating cases and imposing penalties on individuals found to have contravened the law under the FEMA, 2018. 
• Attachment of Properties: The ED can attach the properties of fugitive economic offenders under the Fugitive Economic Offenders Act,2018. The ED ensures the confiscation of properties to the Central Government under the PMLA and FEOA.
• Enforcement: The ED enforces the provisions of the PMLA of 2002 and FEOA of 2018 through investigations, adjudications, and attachments. The ED ensures the prosecution of offenders and confiscation of property by the Special Court under the PMLA.

The Central Bureau of Investigation 

• The Central Bureau of Investigation (CBI) is India's premier investigative agency, operating under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions.
• Its primary role is to investigate and prosecute cases related to corruption, economic crimes, and other high-profile criminal cases.
• The CBI is known for handling complex cases having national or international implications, including crimes such as fraud, bribery, and serious violations of fiscal laws.
• It also assists state police forces and other law enforcement agencies in tackling interstate and transnational crime.
• The CBI's operational framework involves meticulous investigation procedures, evidence collection, and coordination with other intelligence and law enforcement bodies.  

Procedure in Brief 

• Preliminary Inquiry: After receiving and verifying a complaint, the CBI conducts a preliminary inquiry to determine whether there is sufficient evidence to proceed with a full-scale investigation.
• Investigation after FIR: The CBI follows a structured process for investigating cases. This includes details such as inspecting the crime scene, examining witnesses, seizing relevant documents, determining the need for technical expertise and expert opinions, conducting searches, and, in case of cross-border crimes, making Interpol references, and carrying out investigations outside India.
• Investigation in Abroad: If the case involves accused persons who have escaped the country, part of the crime was committed abroad, or witnesses and evidence are located in a foreign country, the CBI may conduct investigations abroad, which involves sending formal letters of request to the competent court under the provisions of section 166-A of the CrPC/section 112(1) of the BNSS and using Interpol and diplomatic channels for informal information collection.
• Filing Charge-sheet: Once the investigation is complete, the CBI files a chargesheet in court, and the case proceeds through the legal system. 

The Narcotics Control Bureau

• The Narcotics Control Bureau (NCB) is India's premier agency responsible for combating drug trafficking and the use of illegal substances.
• Established in 1986 under the Narcotic Drugs and Psychotropic Substances Act, the NCB operates under the Ministry of Home Affairs.
• Its key functions include enforcing the country's drug laws, coordinating with other international and domestic enforcement agencies, and monitoring and analyzing trends in drug trafficking.
• The NCB conducts raids, seizes illegal substances, and apprehends traffickers. It also undertakes public awareness campaigns to educate citizens about the dangers of drug abuse. 

Procedure in Brief 

• Raids, Searches, and Seizures: The NCB conducts raids and takes action based on the information received. Proper documentation of the search, seizure, and sampling procedures is crucial. It seizes illegally stored narcotic drugs, psychotropic substances, precursor chemicals, and related materials, and conducts spot tests to identify the seized substances. It also collects samples for chemical analysis.
• Arrest: Prepares the accused's dossier, takes the accused into custody, and arranges for their medical examination.
• Investigation: Investigation includes open-source intelligence gathering, financial investigation, forfeiture of illegally acquired property, and collection and handling of digital evidence.
• Filing Charge-sheet: Filing the charge sheet within the prescribed timelines (180 days for commercial quantities). Presenting the certified inventory, digital evidence (if any), and samples as primary evidence, making them part of the charge sheet.
• Disposal of Seized Materials: The seized materials are reviewed by a Drug Disposal Committee, which physically examines and verifies the items before ordering their disposal. 

The Anti-Corruption Bureau 

• The Anti-Corruption Bureau (ACB) in India is a specialized government agency responsible for investigating and preventing corruption among public officials and government employees.
• Established under various state legislations, the ACB operates independently to maintain transparency and integrity in public administration.
• It conducts inquiries, surveillance, and raids based on complaints and intelligence reports about corrupt practices.
• The bureau has the authority to register cases, collect evidence, and prosecute offenders under the Prevention of Corruption Act and other relevant laws. 

Procedure in Brief

• Complaint: The process begins with the receipt of complaints of corruption from various sources, including citizens and other government agencies. The ACB then verifies the information in the complaint to ensure its genuineness and identify the public servant involved. Following this, the ACB conducts a thorough investigation, which includes gathering evidence through interviews, document collection, and other means, reviewing the organization's assets, seizing articles and documents, examining witnesses, and recording testimonies.
• Departmental Inquiry: If the evidence is insufficient for criminal prosecution but sufficient for a departmental inquiry, the ACB sends the case for a departmental inquiry.
• Filing Charge-sheet: If the evidence is sufficient for a criminal prosecution, the ACB files a case. The trial involves presenting evidence in court to prove the charges against the accused public servant. If the accused is found guilty, the court may punish in the form of imprisonment, fines, restitution orders, or other penalties.
• Confidentiality: The ACB maintains the confidentiality of informants and does not provide cash rewards for information. Additionally, the ACB encourages public awareness and participation in reporting corruption through various means, including an official app for registering complaints.

Rights of a Person Before Administrative Agencies 

• Right to Be Informed: Every accused has the right to be informed by the authorities about the grounds of arrest and the right to bail, as per section 50 of the CrPC/section 47 of the BNSS. This section ensures that the accused is informed of the charges against them, allowing them to understand the reasons for their arrest. 
• Right to Remain Silent: Every accused has the right to remain silent. This right is based on the principle that no person can be compelled to self-incriminate under Article 20(3) of the Indian Constitution.
• Rights of a Witness: section 161(2) CrPC/section 180(2) BNSS states that when an officer examines a person, who is acquainted with the facts and circumstances of the case, such a person shall answer the questions truthfully other than the questions that tend to expose him to criminal charges. Several provisions and judicial pronouncements reinforce this protection.
• Right to Humane Treatment: An arrested person has a right to be treated with respect and dignity during detention. This ensures that people, including the accused, are not subjected to any form of mental or physical abuse while in custody, upholding the basic human rights of the accused.
• Right to be Produced Before a Magistrate: Under section 57 of the CrPC/section 58 of BNSS, an arrested individual must be produced before a magistrate within 24 hours of arrest, excluding the time necessary for the journey from the place of arrest to the magistrate's court.

How Can We Help You? 

• Guidance and Representation: Represent clients before administrative authorities, providing them with the necessary knowledge and guidance during interrogatories to safeguard their rights and prepare a proper defense.
• Informing Rights: Ensure clients are informed about their constitutional, statutory, and fundamental rights when they appear before any administrative agency, enabling them to assert their position before the investigating officer.
• Legal Remedies and Defense: Guide clients on probable defenses and safeguard their integrity and dignity by utilizing all available legal remedies under the law to protect them before any administrative agency.
• Ensure Protection: Ensure that clients do not face harassment or torture during the custody period with administrative agencies by ensuring timely presence before the court and adhering to the provisions of the law while in custody.
• Procedural Guide: Guide clients through the investigation process, informing them of the charges, legal procedures, and the conditions they might face while preparing for early relief through legal channels. 

Conclusion

It's crucial to make a careful and justified presentation before the administrative agencies to secure your legal stand. Hence, a client needs to be cautious and must involve a seasoned lawyer to ensure their legal rights while making a presentation before the administrative authorities. To know more, contact us.