**Summary:**
This document summarizes the Indian Ministry of Finance's response to Lok Sabha Unstarred Question No. 2364, addressed on August 4, 2025, concerning investigations initiated by the Enforcement Directorate (ED). The question inquired whether the ED initiates investigations after filing an Enforcement Case Information Report (ECIR) where the predicate offense stems from a complaint filed by an individual lacking investigative authority, and if so, to provide details and the number of such cases investigated in the last ten years.
In response, the Minister of State in the Ministry of Finance, Shri Pankaj Chaudhary, confirmed that such instances do occur. The response clarified that the ED initiates investigations following applicable laws, noting that under the CrPC/BNSS, criminal cases can be registered either through a First Information Report (FIR) or by filing a criminal complaint in a competent court. The existence of a scheduled offense, as required for investigation under the Prevention of Money Laundering Act, 2002 (PMLA), can be considered in both scenarios.
The Ministry reported that, over the preceding ten years, the ED initiated 52 cases either based on a competent court initiating inquiry proceedings on a complaint by individuals or where a competent court has directed Police/CBI to register FIR upon such complaints.
Key Entities Referenced
Ministry of Finance: A department of the Government of India responsible for financial matters.
Department of Revenue: A department under the Ministry of Finance, Government of India.
LOK SABHA: The Lower House of the Parliament of India.
SHRI K C Venugopal: A member of the Lok Sabha who raised a question.
Directorate of Enforcement: A law enforcement agency and economic intelligence agency responsible for enforcing economic laws and fighting economic crime in India.
SHRI PANKAJ CHAUDHARY: The Minister of State in the Ministry of Finance.
CrPCBNSS: Code of Criminal Procedure/Bharatiya Nagarik Suraksha Sanhita
PMLA, 2002: Prevention of Money Laundering Act, 2002
Government of India
Ministry of Finance
Department of Revenue
LOK SABHA
UNSTARRED QUESTION NO. 2364
TO BE ANSWERED ON MONDAY, 04th August, 2025/ Sravana 13, 1947 (Saka)
Investigation by ED
2364. SHRI K C Venugopal:
Will the Minister of FINANCE be pleased to state:
(a) whether the ED has initiated investigation (after filing ECIR) where the predicate offence
emanates from a complaint filed by an individual, who had no authority to investigate; and
(b) if so, the details thereof and the number of cases investigated during the last ten years?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF FINANCE
(SHRI PANKAJ CHAUDHARY)
(a) Yes, there are such instances. It may be noted that the Directorate of Enforcement initiates
investigation following the applicable tenets of law. Generally, under CrPC/BNSS, any
criminal case can be registered by way of two major actions:
i. By registering FIR.
ii. By filing a criminal complaint in a competent court.
Thus, existence of scheduled offence for investigation under PMLA, 2002 can be considered
in both the above circumstances.
(b) 52 cases were initiated by ED during the last 10 years either on the basis of a Competent
Court initiating enquiry/proceedings on a complaint by individuals or where a Competent
Court has directed Police/CBI to register FIR upon such complaints.
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