
In short. The ED vs CBI vs EOW question comes down to the law each agency enforces. The ED investigates money laundering and foreign exchange violations, the CBI investigates corruption and serious cases involving the Central Government, banks and public servants, and the Delhi Police Economic Offences Wing investigates large cheating and fraud cases in Delhi. The same facts can reach all three. This guide is for anyone who has received a notice, summons or call from one of them, and for complainants choosing where to go. Investigations take months to years. Identify the agency and the law first.
Is this your situation?
- You have received a summons or notice and are not sure whether it is from the ED, the CBI or the Delhi Police.
- An EOW cheating FIR has been registered against your company and you have now heard the ED is involved.
- You are a bank officer or government employee and the CBI has asked you to join an inquiry.
- You lost money to a builder, chit fund or investment scheme in Delhi and want to know which agency to approach.
- A family member has been arrested and you want to know why bail is harder in one case than another.
- You are a director of a company facing more than one investigation at the same time.
- You are abroad and have learnt that one of these agencies is looking for you.
Key points
- Each agency enforces different laws. ED: money laundering and foreign exchange. CBI: corruption and serious central cases. EOW: large cheating, fraud and deposit scheme cases under Delhi Police.
- The ED never acts alone. A money-laundering case needs a separate scheduled offence, usually an FIR by the CBI or the police, so an EOW or CBI case is often followed by an ED case.
- Bail tests differ. CBI and EOW cases follow ordinary BNSS bail rules; ED cases add the twin conditions of Section 45 PMLA.
- Courts differ. ED and CBI cases in Delhi go to the special courts at Rouse Avenue; EOW cases go to the district court that has jurisdiction.
- Respond to the agency in front of you, but plan for all three. What you say to one is likely to be read by the others.
ED vs CBI vs EOW: the short answer
These three agencies are often mentioned together because they all deal with money crimes, but they belong to different departments, apply different laws and lead to different courts. The Enforcement Directorate (ED) sits under the Department of Revenue in the Union Ministry of Finance. The Central Bureau of Investigation (CBI) works under the Department of Personnel and Training of the Union Government, with the Central Vigilance Commission supervising its corruption work. The Economic Offences Wing (EOW) is a specialised unit of the Delhi Police, which reports to the Union Home Ministry through the Lieutenant Governor of Delhi.
The quickest way to understand the ED vs CBI vs EOW difference is to ask what each one is investigating. The EOW investigates the fraud itself: who cheated whom, how and for how much. The CBI investigates corruption by public servants, frauds against public sector banks and other serious cases given to it by the government or the courts. The ED investigates what happened to the money afterwards: whether the proceeds of a crime were laundered, hidden, moved abroad or turned into property.
That is why one transaction can produce three cases. Here is a common sequence in Delhi: investors complain about a builder, the EOW registers a cheating FIR, the ED registers an ECIR on the basis of that FIR, and if a public sector bank lent to the builder and its officials are suspected, the CBI registers its own case too. Each agency then summons, searches and files in its own way.
The three agencies side by side
| ED | CBI | Delhi Police EOW | |
|---|---|---|---|
| Department | Department of Revenue, Ministry of Finance | Department of Personnel and Training; CVC supervises corruption cases | Delhi Police, under the Ministry of Home Affairs |
| Main laws | PMLA 2002, FEMA 1999, Fugitive Economic Offenders Act 2018 | Prevention of Corruption Act 1988, BNS (old IPC) offences in cases it takes up | BNS cheating, breach of trust and forgery; deposit and chit fund laws |
| Starting record | ECIR (internal, not an FIR) | RC (Regular Case), sometimes after a Preliminary Enquiry | FIR at the EOW police station |
| Typical cases | Laundering of proceeds of crime, foreign exchange violations, property attachment | Bribery traps, disproportionate assets, public sector bank frauds, cases transferred by courts | Builder and real estate frauds, investment and Ponzi schemes, large commercial cheating |
| Summons or notice | Section 50 PMLA | Section 35 BNSS (old 41A CrPC) or Section 179 BNSS (old 160) for witnesses | Section 35 BNSS or Section 179 BNSS |
| Bail test | BNSS plus the twin conditions in Section 45 PMLA | Ordinary BNSS bail rules | Ordinary BNSS bail rules |
| Trial court in Delhi | PMLA Special Court, Rouse Avenue | Special Judge or CBI court, Rouse Avenue | District court with jurisdiction over the case |
The Enforcement Directorate: money laundering and foreign exchange
The ED enforces three laws. Under the Prevention of Money Laundering Act 2002 it investigates the offence of money laundering in Section 3, which means being involved in any process or activity connected with the proceeds of crime, including concealing, possessing, using or projecting them as untainted. Under the Foreign Exchange Management Act 1999 it handles foreign exchange contraventions, which are civil matters ending in penalties, not arrests. Under the Fugitive Economic Offenders Act 2018 it seeks to have absconding accused in large cases declared fugitives and their property confiscated.
The feature that sets the ED apart is that it cannot investigate the original crime. A PMLA case needs a scheduled offence, such as cheating, corruption or forgery, registered by another agency. The ED records an Enforcement Case Information Report, an internal document; our guide on what an ECIR is and whether it is like an FIR explains why you are usually not given a copy. The Supreme Court in Vijay Madanlal Choudhary v. Union of India (2022) held that if the accused is finally discharged or acquitted of the scheduled offence, or the case is quashed, the money-laundering case against him based on it cannot continue.
ED officers are not police officers. Statements recorded under Section 50 PMLA are therefore not hit by the bar on confessions to the police in the same way, and they can be used as evidence. That makes the first statement to the ED far more important than many people realise. The Supreme Court has limited this in some situations, such as statements recorded while the person was already in custody, but you should treat every Section 50 statement as evidence. Our page on ED summons, ECIR and property attachment covers the summons stage in detail.
The ED also has strong property powers: search and freezing under Section 17 and provisional attachment under Section 5, confirmed by the Adjudicating Authority with an appeal to the Appellate Tribunal. For many businesses, the attachment hurts more than the prosecution.
The CBI: corruption and serious central cases
The CBI is constituted under the Delhi Special Police Establishment Act 1946. As the name suggests, it began as a police force for Delhi, and in Delhi and other Union Territories it can investigate without anyone's consent. In a state, it needs the state government's consent under Section 6 of that Act, unless a constitutional court directs it to investigate. Several states have withdrawn general consent at different times, which is why the CBI's reach outside Delhi depends on the state concerned.
Its main work falls into a few groups. Anti-corruption cases under the Prevention of Corruption Act 1988 involve central government employees, public sector undertakings and public sector banks: bribery traps, disproportionate assets and tender irregularities. Economic offence cases involve large frauds on public sector banks, often with private borrowers and bank officials accused together. Special crimes are serious cases handed over by the government or by a High Court or the Supreme Court, often where the local police are said to be compromised. Our page on transfer of investigation to the CBI explains when a court will order that.
The CBI's procedure is the ordinary criminal procedure. It registers a Regular Case, investigates under the BNSS, records statements under Section 180 BNSS (old Section 161 CrPC), which cannot be used as substantive evidence of guilt, and files a chargesheet. In corruption cases, prior approval under Section 17A PC Act before inquiring into a public servant's official decisions and sanction under Section 19 before prosecution are needed. The Supreme Court gave a split verdict on the scope of Section 17A in January 2026, so check the current position if that point arises. Our page on CBI investigation and trial defence covers each stage.
Private persons often assume the CBI is only interested in officials. Since the 2018 amendment, giving a bribe is an offence under Section 8 PC Act, and in bank fraud cases the borrower company and its directors are usually the main accused.
The Economic Offences Wing, Delhi Police
The Economic Offences Wing of the Delhi Police handles large financial frauds within Delhi. It was earlier part of the Crime Branch and became a separate specialised unit in 2014. A separate EOW police station, notified in 2007, has jurisdiction over the whole of the National Capital Territory, and the wing works from the Mandir Marg police complex. According to the Delhi Police's own description, it takes up cases involving amounts of not less than Rs 3 crore, though cases are also assigned to it by senior officers or courts, so check the current orders rather than relying on a figure.
Its typical cases are builder and real estate frauds where many flat buyers have paid and received nothing, investment and Ponzi schemes, multi-level marketing frauds, chit funds, land and property rackets, large commercial cheating between businesses, and some bank frauds involving private banks. The laws it applies are mainly the BNS provisions on cheating (Section 318, old Section 420 IPC), criminal breach of trust (Section 316, old Section 406) and forgery, along with special laws such as the Banning of Unregulated Deposit Schemes Act 2019 and Delhi's law protecting depositors in financial establishments.
An EOW case is an ordinary police case. It begins with a complaint, sometimes a preliminary enquiry and then an FIR, followed by investigation, notices to join, possible arrest, and a chargesheet filed before the magistrate. Bail is decided under the ordinary BNSS provisions, though courts weigh the amount involved, the number of victims and whether money has been returned. Our page on bail in cheating, fraud and economic offence cases explains how those factors are argued.
Many EOW cases are, at their core, commercial disputes that one side has turned into a criminal complaint. The Delhi High Court quashes such FIRs where there was no dishonest intention at the start, and the investigation can sometimes be resolved by settlement. But where many investors have lost money, courts are slow to treat the case as purely civil.
Agency jurisdiction: how one case can reach all three
Agency jurisdiction in money cases is not exclusive. The same facts can support an EOW FIR for cheating, a CBI case if public servants or a public sector bank are involved, and an ED case for laundering the proceeds. Each agency's case is legally separate: a different offence, a different record, often a different court. Being questioned by one does not protect you from the others.
The ED usually follows the others. Once the EOW or CBI registers an FIR for an offence listed in the PMLA schedule, the ED may record an ECIR and begin its own investigation, often with searches and attachments. If the original FIR is later quashed or ends in discharge or acquittal, the ED case based on it loses its footing, which is why the outcome of the EOW or CBI case matters so much to an ED accused.
Sometimes a case moves between agencies. A complainant unhappy with the EOW may ask the High Court to transfer the investigation to the CBI; the court does so only in exceptional cases. An FIR registered at a local police station may be transferred to the EOW because of the amount involved. And where a company fraud is serious, the Central Government can order an investigation by the Serious Fraud Investigation Office, which has its own arrest and bail rules; our guide on SFIO investigations and arrest of directors covers that agency.
For a director facing more than one agency, the practical point is consistency. Your reply to the EOW, your Section 50 statement to the ED and your statement to the CBI will all be compared. Prepare one account of the facts, supported by documents, and stick to it.
Which court hears each agency's case
In Delhi, ED and CBI cases go to special courts at the Rouse Avenue Court Complex near ITO. PMLA prosecution complaints are filed before the Special Court designated under Section 43 PMLA, and CBI corruption cases before Special Judges appointed under the PC Act. Remand after an ED or CBI arrest also happens there. Our guide on which cases go to the Rouse Avenue Courts explains what else is heard there.
EOW cases go to the ordinary criminal courts. The chargesheet is filed before the magistrate who has jurisdiction, and serious offences triable by a Court of Session are committed to it. Because the EOW police station covers all of Delhi, the court depends on the case; check the court that took cognizance on eCourts rather than assuming it is your local complex.
All three lead to the Delhi High Court for bail after refusal under Section 483 BNSS (old Section 439 CrPC), anticipatory bail under Section 482 BNSS, quashing under Section 528 BNSS (old Section 482 CrPC), revision against charge or summoning orders, and writ petitions under Article 226 on matters such as Look Out Circulars and account freezes. If you live in Noida or Gurugram but the case is a Delhi case, the Delhi High Court is still the forum.
Summons, arrest and statements: what changes with the agency
An ED summons under Section 50 PMLA obliges you to attend and to state the truth, and the statement can be used as evidence. A CBI or EOW notice is usually under Section 35 BNSS (old Section 41A CrPC), which applies where arrest is not required in offences punishable up to seven years, or under Section 179 BNSS (old Section 160 CrPC) if you are being called as a witness. Read the section printed on the notice, because it tells you if you are seen as an accused or a witness.
Arrest powers differ in their conditions. The ED can arrest under Section 19 PMLA only if an authorised officer has reason to believe, on material in his possession and recorded in writing, that the person is guilty of money laundering, and the grounds must be supplied in writing (Pankaj Bansal v. Union of India, 2023). CBI and EOW arrests follow the BNSS, including Section 47 on informing grounds of arrest, the Arnesh Kumar guidelines for offences up to seven years, and the Supreme Court's November 2025 ruling in Mihir Rajesh Shah requiring written grounds of arrest more generally; check how it applies to your situation.
Search and freezing also differ. The ED freezes and attaches under the PMLA. The CBI and EOW seize under Section 106 BNSS (old Section 102 CrPC). The Delhi High Court held in January 2026, in Malabar Gold and Diamonds v. Union of India, that police cannot debit-freeze a whole account under Section 106; at most the disputed amount can be marked, and attachment needs a magistrate's order under Section 107 BNSS. Our page on getting a frozen bank account released explains that remedy.
Advocate B.K. Singh's first question to a client holding a notice is not which agency sent it but which section is printed on it, and whether the client is described as an accused, a suspect or a witness. That single line decides how the client should prepare and whether anticipatory bail needs to be considered before the date.
Bail: why ED cases are harder
In a CBI or EOW case, bail is decided under the BNSS: Section 480 (old 437) before the magistrate and Section 483 (old 439) before the Sessions Court or High Court. The court looks at the gravity of the offence, the evidence, the chance of the accused fleeing or tampering, and the period in custody. Satender Kumar Antil v. CBI (2022) set out general guidelines, and economic offences, though treated seriously, do not carry a special statutory bar.
In an ED case, Section 45 PMLA adds twin conditions: the court must find reasonable grounds to believe that the accused is not guilty and is not likely to commit an offence while on bail. The Public Prosecutor must be given a chance to oppose. Our guide on Section 45 PMLA and the twin conditions for bail explains the test. In Manish Sisodia v. ED (2024) and Prem Prakash v. Union of India (2024), the Supreme Court said prolonged custody with no early end to trial weighs heavily, and that bail remains the rule even under special statutes when liberty is at stake for long periods.
This means a person arrested in both an EOW case and an ED case on the same facts may get bail quickly in the first and wait much longer in the second. Families sometimes celebrate the first bail order without realising the person will stay in custody under the ED case.
What to do when one of these agencies contacts you
Identify the agency, the law and your status
Read the notice for the agency's name, the section under which it is issued, the case number and the capacity in which you are called: accused or witness. If it came by phone or WhatsApp only, ask for a written notice.
Find the underlying case
For the EOW or CBI, try to get the FIR or RC number and a copy of the FIR. For the ED, find out which FIR is the scheduled offence, since the ECIR itself is usually not given. The scheduled offence tells you where the real dispute lies.
Collect your own documents
Gather agreements, bank statements, tax returns, board resolutions and correspondence relating to the transaction. Agencies ask for documents within short deadlines, and an organised set avoids repeat summons.
Assess the risk of arrest
If the offence is serious, if others have been arrested, or if it is an ED case, take advice on anticipatory bail or protection before you appear. Do not wait until the morning of the appearance.
Prepare and attend
Attend on the date or seek a short adjournment in writing with reasons. Answer carefully, ask to see documents put to you, and read your statement before signing. Our guide on preparing for questioning by the ED or CBI covers the day itself.
Track the other agencies
If one agency has acted, assume the others may follow. Check for an ED summons after an EOW FIR, and for a CBI case if a public sector bank is involved. Keep one consistent account of the facts across all of them.
Typical time and cost at each stage
| Stage | Typical time (varies widely) | Court fee and costs in general terms |
|---|---|---|
| EOW preliminary enquiry and FIR decision | A few weeks to several months after the complaint | No court fee; cost of preparing the complaint and documents |
| Investigation and chargesheet (EOW or CBI) | Several months to a few years in large frauds | No court fee |
| ED investigation and prosecution complaint | Often one to several years; attachment can come earlier | No court fee; costs of replying to attachment notices |
| Anticipatory bail in the Delhi High Court | Notice on the first date is common; decision in weeks to months | Check the current court fee; certified copies of FIR and orders |
| Regular bail after arrest | Weeks in many EOW and CBI cases; often longer in ED cases | Nominal court fee; surety and bond as fixed |
| Quashing petition in the Delhi High Court | A few months to more than a year | Check the current court fee |
| Trial | Commonly several years in all three | Witness and document costs where defence evidence is led |
Papers to collect
From the agency or the court
- The notice or summons, with its section and date
- FIR or RC copy, or the scheduled offence FIR in an ED case
- Seizure memos, search lists and freeze letters
- Any provisional attachment order and its annexures
- Remand or bail orders and order sheets from eCourts
Your own records
- Agreements, invoices and correspondence about the transaction
- Bank statements for the period in question
- Income tax returns and audited accounts
- Company records: board resolutions, shareholding, ROC filings
- Proof of any repayment or settlement offered
- Passport details and travel plans, if travel will be needed
A made-up example: a builder, flat buyers and three agencies
Here's a made-up example. Harish is a director of a mid-sized developer that sold flats in a project in Dwarka. Construction stalls, and forty buyers file a joint complaint. Because the amount is well above the EOW's usual threshold, the complaint goes to the Economic Offences Wing, which registers an FIR for cheating and criminal breach of trust. Harish receives a Section 35 BNSS notice and joins the investigation.
Six months later, an ED summons under Section 50 PMLA arrives. The EOW FIR is the scheduled offence, and the ED wants to know where the buyers' money went. Around the same time, the public sector bank that gave the project a construction loan declares the account fraud and files a complaint with the CBI, naming Harish and two bank officers.
Harish now has three cases. The EOW case is before a magistrate in the district court; the ED and CBI cases will be at Rouse Avenue. He prepares one written account of the project's finances with bank records and gives the same account to all three agencies. He seeks anticipatory bail in the High Court in the ED matter, where the risk of arrest is highest, and starts talks with the buyers for a refund plan, which may support a later settlement in the EOW case.
How each case ends cannot be predicted, and a settlement with buyers does not automatically end the ED or CBI cases. But because his account was consistent and documented, none of the agencies could say he changed his story.
For complainants: which agency should you approach?
If you have been cheated in Delhi, start with the police. For large amounts, the complaint can be made to the Economic Offences Wing; for smaller amounts, the local police station handles it, and cyber frauds go to the cyber police. If the police do not act, a magistrate can be asked to direct investigation under Section 175(3) BNSS (old Section 156(3) CrPC), and our page on Delhi Police not acting on your complaint covers the remedies.
You cannot file a complaint directly with the ED in the way you file an FIR. The ED acts on scheduled offences registered by others, though information can be given to it. The CBI accepts complaints on corruption by central public servants and public sector bank frauds, but it decides which ones to take up, and in a state it may need consent.
Be realistic about what each route gives you. A criminal case can put pressure on the other side and may lead to refunds, but recovery of money is usually faster through civil or insolvency proceedings, a consumer complaint or RERA for flat buyers. Advocate B.K. Singh often advises complainants to run the civil recovery alongside the criminal complaint, because a criminal court rarely orders the full amount back and the criminal case alone can take years.
Common mistakes
- Treating an ED summons like a police notice. Statements under Section 50 PMLA can be used as evidence. Prepare as you would for a court hearing.
- Thinking bail in one case ends custody. If you are arrested in both an EOW and an ED case, you need bail in both.
- Giving different versions to different agencies. They share information, and inconsistencies are used against you.
- Ignoring the scheduled offence. An ED case stands on the underlying FIR. If that FIR is weak or can be quashed, that may be the most effective step.
- Assuming a large amount means a CBI case. Most private frauds in Delhi stay with the EOW unless public servants, a public sector bank or a court order are involved.
- Leaving the country without checking for an LOC. Any of these agencies can request a Look Out Circular, and being stopped at the airport makes matters worse.
What to do this week
Read the notice for the agency, the section and your status. Get the FIR or RC and, in an ED matter, identify the scheduled offence. Organise your documents on the transaction and your finances. If arrest is a real possibility, take advice on anticipatory bail before your appearance date. Check eCourts if any case has reached court.
If you are dealing with an ED summons, our page on ED summons and property attachment sets out the next steps. Fees are discussed at the first meeting and agreed in writing, stage by stage, and we hold online consultations for clients outside Delhi and abroad.
For advice on your notice or case papers, or for updates on how the law on these agencies is changing, contact Advocate B.K. Singh.
Frequently asked questions
Can the ED register a case without an FIR?
The ED records an ECIR, not an FIR, but it needs a scheduled offence registered by another agency, such as the police or the CBI. Without a scheduled offence there can be no money-laundering case. If the scheduled offence case ends in discharge, acquittal or quashing, the ED case based on it generally cannot continue.
Is the CBI more powerful than the Delhi Police?
Not in terms of legal powers. Both investigate under the BNSS and have similar powers of search, seizure and arrest. The CBI handles a different kind of case, mainly corruption and central matters, and in states it may need consent.
What is the minimum amount for a case to go to the EOW in Delhi?
The Delhi Police describes the EOW as taking up cases of not less than Rs 3 crore. Smaller cases can still be sent to it by senior officers or courts. Check the current orders, as the threshold can change.
Can I refuse to answer questions from the ED?
A person summoned under Section 50 PMLA must attend and is bound to state the truth. The protection against self-incrimination under Article 20(3) is limited at that stage according to the Supreme Court. Take advice before appearing so that you answer accurately and carefully.
Can the same person be prosecuted by the EOW and the ED for the same transaction?
Yes. The EOW case is for the fraud itself, such as cheating, and the ED case is for laundering its proceeds. They are separate offences tried in separate courts, though the ED case depends on the scheduled offence surviving.
Does a settlement with the complainant end an ED case?
Not automatically. A settlement may lead to quashing of the EOW or police FIR where the offence allows it, and if the scheduled offence case is quashed, the ED case usually falls with it. But the ED case does not end just because money has been returned.
Which agency handles online fraud in Delhi?
Online and cyber frauds are usually handled by the Delhi Police cyber police stations and its specialised cyber unit. Large investment scams with online elements may go to the EOW. The ED may act later if the proceeds were laundered.
Can the Delhi High Court stop an investigation by any of these agencies?
It can quash an FIR or complaint, or grant interim protection, where the legal tests are met, under Section 528 BNSS or Article 226. Courts are cautious about stopping investigations at an early stage. Each case depends on what the FIR or complaint actually discloses.
