In short. An ED search under section 17 of the PMLA needs written reasons and authorisation by the Director or an officer not below Deputy Director. You must cooperate, but you can check identities, insist on independent witnesses, note what is taken, read every page before signing, ask for the hash value of seized devices and keep a copy of the panchnama. Arrest is a separate power with its own conditions.
This post is about the day of the raid and the weeks right after it. If you have received a summons rather than a visit, our post on ED summons under section 50 PMLA covers how to prepare for questioning, and our page on ED case defence explains the wider process from ECIR to trial.
Most ED searches begin early in the morning, often before 7 am, at several addresses at once: the home, the office, sometimes the homes of relatives, accountants or employees. The officers come with the local police or a central armed police escort. Families are usually shocked, phones are collected within minutes, and nobody can leave or enter freely. People who keep calm, ask the right questions and keep a written note of what happens are in a far better position later, when the seizure has to be justified before the Adjudicating Authority and the statements recorded that day are read out in court.
- Law
- Sections 17 and 18, PMLA 2002, and the search rules under it
- Who authorises
- Director, or an officer not below Deputy Director, with reasons in writing
- Record of search
- Panchnama and seizure memo, signed by independent witnesses
- Retention
- ED must apply to the Adjudicating Authority within 30 days
- Arrest
- Separate power under section 19, grounds given in writing
- Appeal
- Appellate Tribunal within 45 days of the Adjudicating Authority's order
What powers does ED have to search a home or office?
The Enforcement Directorate searches under section 17 of the Prevention of Money Laundering Act 2002. The Director, or an officer not below the rank of Deputy Director authorised by him, must have reason to believe, on the basis of information in his possession and recorded in writing, that a person has committed money laundering, holds proceeds of crime, or holds records or property connected with money laundering. With that, officers can enter any building, place, vehicle or vessel, break open locks where keys are not given, seize records and property, make copies and inventories, and examine on oath anyone found in possession of them.
Section 18 adds the power to search a person, where officers have reason to believe the person has hidden records or proceeds of crime on their body or belongings. The Supreme Court upheld both sections in Vijay Madanlal Choudhary v Union of India (2022). Since the 2019 amendment, the Act no longer requires a police report or complaint on the underlying scheduled offence to exist before a search, so a raid can come at an early stage, sometimes before you know any FIR exists.
The power is wide, but it is not unlimited. It must rest on recorded reasons, it must be carried out under the search rules and the general law on searches, and what is seized must be accounted for and justified afterwards. Those limits are where your rights during a raid come from.
Is an ED raid the same as an arrest?
No. A search is for collecting evidence and property. You are not under arrest merely because officers are in your house, have taken your phone and have asked you to stay in one room. You may be told not to leave while the search is going on, and in practice you should not try, because walking out can be described later as an attempt to avoid the search or tamper with evidence.
Arrest is a separate decision under section 19, which needs its own written reasons and written grounds given to you. Many searches end without any arrest. Some end with a summons to appear at the ED zonal office on a later date. A smaller number end with an arrest, usually of the main person named in the ECIR, and that is discussed further below.
Can you ask to see the search authorisation?
Yes, and you should. Politely ask the officer in charge for the search authorisation, his name and rank, and the names of the other officers in the team. Note the time they arrived, how many there are, and whether police are with them. Officers usually show the authorisation and let you read it, though they may not give you a copy on the spot. Check that it carries your address, because a search authorised for one premises does not cover a different one.
You will not be shown the 'reasons to believe'. Under section 17(2), ED sends a copy of the reasons and the material it relied on to the Adjudicating Authority in a sealed envelope immediately after the search. They become relevant later, when ED applies to retain what it took and when a court is asked to examine whether the search was lawful. On the day, your job is only to record what you were shown.
What to do in the first hour of an ED raid
These steps are for the person whose premises are being searched or any family member who answers the door. They are about protecting your position, not resisting the search.
Let the officers in and stay calm
Do not block the door, argue on the threshold or try to hide or delete anything. Obstruction and destruction of evidence are separate offences, and they also weaken every later argument about your conduct.
Check identities and the authorisation
Ask for identity cards and the search authorisation, and write down names, ranks, the time of arrival and the address on the authorisation. A notebook and pen will be more useful than a phone, which will probably be taken.
Inform your advocate
Ask the officer in charge to let you make one call to your advocate or a family member. This is usually allowed before phones are collected, or from an officer's phone. Your advocate may not be allowed inside, but can advise you on the phone and be ready when the search ends.
Ask for independent witnesses
Ask who the witnesses are, note their names and addresses, and confirm that they stay present while rooms, cupboards and lockers are opened. If a room is searched without them, note the time.
Look after the vulnerable
Tell the officers at once about elderly parents, children, anyone who is unwell or needs medicine, and any woman who needs privacy. Ask that a woman officer be present for searches involving women and that children are kept away from the search as far as possible.
Start your own written record
Keep a simple log: which room was searched when, by whom, what was taken from where, and anything that worried you. This note, written that day, is often the only record of your side of events.
Keep your own conduct clean. Do not offer money, do not speak to officers about the case off the record, and do not let anyone in the family argue or film officers in a way that becomes a confrontation. Raids are long, and people get tired and short-tempered by the afternoon. Agree within the family on who will speak to the officers.
Who must be present: witnesses and the panchnama
A search must be witnessed by independent persons, usually two, and everything seized must be listed in a panchnama and seizure memo signed by those witnesses. The PMLA search rules and the general law on searches (now section 103 of the Bharatiya Nagarik Suraksha Sanhita, which applies to the extent it is not inconsistent with the PMLA) both point the same way. The occupant is entitled to attend the search and to receive a copy of the list of things seized.
In practice, ED often brings its own witnesses, sometimes from a bank or a government office. That does not by itself make the search illegal, but it is worth noting who they were and whether they were actually present throughout. If a witness signs a panchnama for a room he never entered, that is a point your advocate can use later.
The panchnama runs to many pages: a narrative of the search, the list of documents and devices with descriptions, cash counted by denomination, jewellery weighed and valued, and the statements recorded. Read every page before you sign. If something is described wrongly, for example a file that was in your accountant's cabin shown as recovered from your bedroom, write your objection in your own hand before your signature, or ask for it to be corrected. Then insist on a complete signed copy. Without it, you will not know what ED says it took.
Can your lawyer be present during an ED search?
There is no statutory right to have your lawyer inside the premises while the search is carried out, and ED usually refuses entry to advocates who arrive during a raid. You can still ask, and some officers allow an advocate to wait in a neighbouring room or outside. Courts have in some cases allowed a lawyer to be present at a visible but not audible distance during questioning, but those were orders in particular cases, not a general rule.
What your advocate can do is advise you on the phone before your phone is taken, wait outside so that you can speak as soon as the search ends, and start work immediately on the next steps: reading the panchnama, preparing for the summons that usually follows, and, if an arrest looks likely, getting ready for the first production before the special court. When Advocate B.K. Singh is called during a raid, his first question is usually not about the case at all: it is whether the family has someone writing down, room by room, what is being taken.
Your rights during an ED search at a glance
This table sets out what you can ask for during the search, where it comes from, and what to do if it is refused. Write down any refusal and the time.
| What you can ask for | Basis | If it is refused |
|---|---|---|
| See identity cards and the search authorisation | Section 17 PMLA requires written authorisation | Note the refusal and the officer's name; raise it in your reply and before the Adjudicating Authority |
| Independent witnesses present throughout | PMLA search rules; section 103 BNSS | Note which rooms were searched without them and when |
| Attend the search of your premises | General law on searches | Ask that a family member be allowed to accompany the officers |
| A woman searched only by a woman officer, with decency | Section 18 PMLA and the general law | Object at once and record it in the panchnama |
| To be taken before a gazetted officer or magistrate before a personal search | Section 18 PMLA | State the request clearly and ask that it be recorded |
| Read every page before signing | Basic fairness; your signature is evidence | Write your objection in your own words above your signature |
| A copy of the panchnama and seizure list | Search rules and section 103 BNSS | Ask again in writing within a day of the search |
| Copies of records seized | Section 21 PMLA entitles you to copies | Apply in writing to the investigating officer |
| Food, water, medicine, rest | Article 21 of the Constitution | Ask for it to be recorded; courts have criticised overnight questioning |
Searching a person, and women and children in the house
If officers want to search your person, section 18 gives you the right to ask to be taken before a gazetted officer of ED or a magistrate first, who decides whether the search should go ahead. Say it clearly and ask that the request be recorded. A woman can be searched only by a woman, and with strict regard to decency. These are short provisions, but they are taken seriously by courts when they have been ignored.
Raids are frightening for children and elderly parents. You can ask that children go to school or to a relative's house if officers agree, that an elderly parent be allowed to rest in a room after it has been searched, and that anyone who needs medical care gets it without delay. If someone falls ill, ask the officers to call a doctor and make sure the panchnama records it. A calm, reasonable request almost always gets a better response than an angry one.
What happens to your mobile phone, laptop and cloud accounts?
Phones, laptops, hard disks and pen drives are now the main target of most searches. Officers will usually seize them or take a forensic image of their contents. The seizure memo should describe each device by make, model, colour and serial or IMEI number. Ask that the device be sealed in your presence and that the hash value of any forensic image be recorded in the memo and a copy given to you. The hash value is a digital fingerprint of the data, and it is the main protection you have against later claims that something was on the device which you never had.
Officers often ask for passwords and PINs. Refusing outright is likely to be treated as non-cooperation, and the device will be opened forensically in any case. The better course is usually to open the device yourself in their presence and ask that its seizure and the fact that you opened it be recorded. If the device holds communications with your lawyers, medical records or a family member's private material, say so at once and ask that this be noted, so that the point is on record when copies are taken and used.
Your email and cloud accounts are not seized just because your phone is. ED may later ask the service provider or ask you for access. Do not delete anything from any account after a raid, even material you think is irrelevant. Deletion is easy to detect and it turns an ordinary investigation into one about destruction of evidence.
Do you have to answer questions during the search?
Section 17(1)(f) allows the officers to examine on oath any person found in possession of records or property, and they often record statements under section 50 in the course of the search as well. You are bound to answer truthfully. In Vijay Madanlal Choudhary the Supreme Court held that a person giving a statement under section 50 is not yet an accused, so the protection against self-incrimination in Article 20(3) does not apply in the usual way, and these statements can be used as evidence. That makes statements made on the day of the raid far more important than most people realise.
Answer what you actually know, briefly. If you do not remember a figure or a date, say so rather than guess. If a question needs documents to answer accurately, say that you will answer after seeing them. Do not answer questions about other people's affairs on assumptions. Before you sign, read the statement slowly. Officers write it in the first person, and a sentence that sounds harmless in Hindi can read differently in an English typed version. Correct it in your own hand where needed.
If you later realise that a statement was wrong, or was recorded under pressure late at night, the way to deal with it is a written retraction sent promptly, ideally within days, explaining what was wrong and why. A retraction made months later, just before a bail hearing, carries little weight.
Cash, jewellery and bank accounts: what can be seized or frozen?
Cash found during a search is usually counted by denomination in front of the witnesses and seized if the officers believe it is linked to proceeds of crime. Jewellery is often weighed and valued by a valuer ED brings along, and either seized or left with you and recorded. If jewellery is stridhan, or was inherited or bought with documented money, say so on the day and show any bills, wedding photographs or valuation reports you have. The fact that you raised the explanation at once is useful later.
Where seizure is not practicable, section 17(1A) allows the officer to freeze property instead: a bank account, a locker, shares in a demat account, sometimes a vehicle. A frozen asset cannot be transferred or dealt with without permission, and a copy of the freezing order has to be served on you. Ask for a copy of every freezing order, because the bank will usually only tell you that the account is 'debit frozen at the instance of ED'.
A freezing order can cut off salaries, rent and the running of a business. If your account was frozen for more than the amount ED is concerned with, or holds clearly unconnected money such as salary credits, that can be raised before the Adjudicating Authority and, in a strong case, before the High Court.
A made-up example: the morning search in Dwarka
Here's a made-up example. Rakesh, a director of a trading company, is woken at 6.30 am by eight ED officers and four CRPF personnel at his flat in Dwarka. His company's former chairman is named in a bank fraud FIR, and ED has recorded an ECIR. Rakesh's wife answers the door, asks for the officers' identity cards, and writes the lead officer's name and the time in a notebook. Rakesh calls his advocate from the officer's phone and is told to cooperate, read everything, and keep notes.
The search lasts fourteen hours. Officers seize two phones, a laptop, ₹3.2 lakh in cash and files from a cupboard. Rakesh's wife says the gold bangles in the locker are her stridhan and shows wedding photographs; the officers record this and do not seize them. Rakesh opens his phone for them and asks for the hash value to be recorded; the first draft of the seizure memo leaves it out, he points this out, and it is added. A statement is recorded at 10 pm. Rakesh says he does not remember the dates of two transfers and asks to answer after seeing the bank statements. He corrects one sentence about his role in the company before signing.
He gets a complete copy of the panchnama and a summons to appear at the ED zonal office in nine days. His advocate's first task the next morning is to compare the seizure list with the family's notes, write to ED for copies of the seized records under section 21, and start preparing for the summons with the company's bank statements. None of this guarantees how the case ends, but Rakesh walks into the next stage with a clean record of the raid and no careless admissions.
What happens to the seized property after the raid?
ED cannot simply keep what it took. Within 30 days of seizure or freezing, it must apply to the Adjudicating Authority under section 17(4) for permission to retain the property or continue the freeze. The Adjudicating Authority then issues notice to you, and you can file a reply showing that the property is not proceeds of crime, that it was acquired from known and lawful sources, or that the reasons do not justify retention. The Authority hears both sides and passes an order under section 8.
This is the first real chance to contest the seizure, and many people miss it because they are focused on the summons and possible arrest. File the reply with documents: purchase bills, bank statements, income tax returns, sale deeds, gift deeds, inheritance papers. An order permitting retention can be appealed to the Appellate Tribunal under section 26 within 45 days, and a further appeal on questions of law lies to the High Court under section 42. The related process of provisional attachment of property, which often follows a search, is explained in our post on challenging an ED provisional attachment order.
Can ED arrest you at the end of the search?
Yes, if the conditions of section 19 are met. The arresting officer, who must be the Director, a Deputy Director, an Assistant Director or another authorised officer, must have reason to believe, on the basis of material in his possession and recorded in writing, that you are guilty of money laundering. You must be told the grounds of arrest, and in Pankaj Bansal v Union of India (2023) the Supreme Court held that the grounds must be given to you in writing. You must then be produced before the special PMLA court within 24 hours.
Note the time of arrest, ask for the written grounds and keep them, and tell your family where you are being taken. The first production is where remand is argued, and where the court checks whether the grounds were properly supplied. Bail in money laundering cases is governed by the twin conditions of section 45, explained in our post on PMLA bail and the twin conditions, and our bail practice page covers the wider bail process. An arrest at the end of a raid is not automatic. Many people searched are treated as witnesses or are called later for questioning, and some are never arrested at all.
Was it really ED? FEMA, income tax and GST searches
Not every search by the Enforcement Directorate is under the PMLA. ED also enforces the Foreign Exchange Management Act 1999, and under section 37 of FEMA its officers can search using the powers of income tax authorities. A FEMA search leads to civil adjudication and penalties, not arrest. Look at the authorisation and the seizure memo: they will say which law is being used. Our post on FEMA show cause notices and adjudication explains what follows a FEMA search.
Income tax searches under the Income Tax Act and GST searches by the DGGI or state GST authorities look similar from the doorstep, but the powers, the statements and the consequences differ. If the visit is from GST officers, our post on GST summons and arrest is the better starting point. Sometimes two agencies act together, or one follows the other within weeks, so the statements you give to one will often reach the other.
Mistakes people make during and after an ED raid
- Signing pages unread. By evening people are exhausted and sign wherever they are asked. The panchnama and statements are evidence for years; read them even if it takes an hour.
- Guessing answers. A wrong date or amount given confidently on the day of the raid is used later to show inconsistency. 'I do not remember, I will check the records' is a proper answer.
- Deleting messages or calling others to warn them. Officers check call records and device logs. Deleting a WhatsApp chat after a raid is easier to prove than most of the original allegations.
- Moving money or property right after the search. Transfers made in the days after a raid are often treated as attempts to put assets out of reach, and they can lead to attachment and arrest.
- Not getting a copy of the panchnama. Without it you cannot reply properly to the retention application or check what has gone missing.
- Ignoring the Adjudicating Authority's notice. People focus on the summons and forget the retention proceedings, which is the main forum for getting seized property back.
- Talking to the media or posting about the raid. Public statements can be used against you and rarely help. Leave public comment, if any, to a short line from your advocate.
What to collect and keep after the search
Gather these within a few days of the raid and give copies to your advocate. Keep originals safe and do not alter or destroy anything.
Papers from the search
- Panchnama and seizure memo, every page
- Freezing orders for bank accounts, lockers or demat accounts
- Copies of any statements given to you
- Search authorisation details you noted
- Any summons handed over at the end of the search
Your own record
- The family's handwritten log of the search
- Names of officers and witnesses
- Times: arrival, each room, statements, departure
- Anything that was refused, and when
- List of items you believe were taken but not listed
Documents to explain the assets
- Income tax returns and computations for at least six years
- Bank statements of all accounts
- Purchase bills for jewellery and valuables
- Sale deeds, gift deeds, wills and inheritance papers
- Company records showing your actual role
The weeks after the raid: summons, ECIR and travel
A search is usually followed within days or weeks by a summons under section 50 to appear at the ED office with documents. Prepare for it carefully, with the panchnama in front of you, because the questions will start from what was seized. You will usually not be given a copy of the ECIR at this stage. Our post on what an ECIR is and whether you can get a copy explains why and when you can ask for one.
If you plan to travel abroad in the months after a raid, check first. Agencies sometimes open a Look Out Circular after a search, particularly if they expect to call you again. Our post on how to find out if a Look Out Circular is open against you explains the lawful ways to check. Booking a ticket a week after a raid without telling anyone is one of the commonest ways people turn a manageable investigation into an arrest.
When can you go to court about an ED search?
Most challenges to a search happen in the ordinary course: in the reply to the retention application, in the appeal to the Appellate Tribunal, in a bail application, and at trial, where the way evidence was collected affects how much weight it gets. A search that was technically irregular does not usually make the seized material inadmissible, but irregularities affect credibility, and serious ones can make a court doubt the whole recovery.
A writ petition under Article 226 before the High Court is possible where the search itself was without jurisdiction, for example with no authorisation, or where the reasons recorded were plainly unconnected to any money laundering, or where personal documents and unconnected property are being withheld without any proceedings. These petitions are not easy, and courts are reluctant to interfere at the investigation stage, but they do succeed where the facts are clear. A point Advocate B.K. Singh often makes to clients is that a writ is strongest when it is filed on the record made on the day of the raid, and weakest when it rests on recollections months later.
What to do this week after an ED raid
Work through these in the first seven days. Most of them take an afternoon, and they decide how well you can respond to what comes next.
- Make three copies of the panchnama, seizure memo and freezing orders, and keep one with your advocate
- Write out the family's account of the search while memories are fresh, and have each person sign and date it
- Compare the seizure list with what is actually missing, and note any differences
- Write to the investigating officer asking for copies of seized records under section 21
- List every bank account, locker and demat account and check which ones are frozen
- Collect income tax returns, bank statements and property papers that explain the assets seized
- Prepare for the section 50 summons with your advocate, using the panchnama as the starting point
- If any statement was wrong, send a written retraction promptly with the reasons
- Do not move money, transfer property or travel abroad without advice
- Tell employees, family and your accountant not to discuss the case on phone or chat
Getting advice after a search
An ED search is usually the start of a long matter, not the end of one. The papers from that day, your statements, and the way you respond in the next month carry through to retention proceedings, attachment, bail and trial. ED cases in Delhi are tried before the special PMLA courts at Rouse Avenue, and appeals and writs go to the Delhi High Court. Our pages on money laundering (PMLA) cases and economic offences explain the wider process.
If you want an advocate to read the panchnama and the seizure memo and tell you what to do before the summons date, the team of Advocate B.K. Singh at B.K. Singh & Associates can look at the papers through our online enquiry page. Bring everything you were given on the day of the raid, and the notes you made.
Frequently asked questions
Can ED raid my house without a warrant?
ED does not need a court warrant to search under section 17 of the PMLA. It needs written authorisation from the Director or an officer not below Deputy Director, based on reasons recorded in writing. You can ask to see the authorisation and should note its details.
What time can ED conduct a raid?
There is no fixed hour in the PMLA, and most raids start early in the morning so that all addresses are searched at the same time. Searches can last well into the night. You can ask for food, medicine and rest, and courts have criticised questioning through the night.
Can I call my lawyer during an ED raid?
You can ask to make a call to your advocate or a family member, and officers usually allow one call before phones are collected. Your advocate is generally not allowed inside during the search but can advise you by phone and be ready when the search ends.
Do I have to give ED my phone password?
Officers will usually ask for it. Refusal is likely to be treated as non-cooperation, and the device can be opened forensically anyway. It is usually better to open it yourself in their presence and ask that the seizure, the fact that you opened it and the hash value of any image be recorded.
Is a statement given during an ED raid admissible in court?
Yes. Statements recorded under section 50 of the PMLA, including during a search, can be used as evidence, as the Supreme Court held in Vijay Madanlal Choudhary. That is why you should answer only what you know, read the statement fully and correct it before signing.
Can ED seize my wife's jewellery during a raid?
ED can seize jewellery if officers believe it is connected with proceeds of crime. If it is stridhan or was inherited or bought with documented money, say so on the day and show any bills, photographs or valuation reports. The explanation should be recorded in the panchnama.
How do I get my seized documents and phone back from ED?
ED must apply to the Adjudicating Authority within 30 days to retain what it seized. File a reply with documents showing the property is not proceeds of crime. You can also ask the investigating officer for copies of seized records under section 21 of the PMLA.
Can ED freeze my bank account during a search?
Yes. Under section 17(1A) of the PMLA, where seizure is not practicable the officer can freeze property, including bank accounts, lockers and demat accounts. A copy of the freezing order has to be served on you, and the freeze must be confirmed by the Adjudicating Authority.
Will I be arrested after an ED raid?
Not necessarily. Arrest is a separate power under section 19 with its own written reasons and written grounds. Many people whose premises are searched are later summoned for questioning and are never arrested, though the main persons named in an ECIR sometimes are.
Who are the independent witnesses in an ED search?
They are persons not connected with ED who watch the search and sign the panchnama. ED often brings them along. Note their names and addresses and whether they were present throughout, because that matters if the recovery is challenged later.
Can I refuse to sign the ED panchnama?
You can refuse to sign a document you believe is wrong, but it is usually better to sign after writing your objection in your own hand above your signature. That way your disagreement is on the record, and you are still entitled to a copy of the full document.
Can I travel abroad after an ED raid?
There is no automatic ban, but agencies sometimes open a Look Out Circular after a search, especially if they plan to question you again. Check the position with your advocate before booking travel, and if a case is pending, seek permission from the court where needed.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.