ICAI Issues SOP for Law Enforcement Agencies on Handling Chartered Accountants During Investigations



Quick Summary
The Institute of Chartered Accountants of India (ICAI) has introduced a Standard Operating Procedure (SOP) for police and other law enforcement agencies. This SOP provides clear guidelines on how to conduct investigations, searches, seizures, interrogations, detentions, and arrests involving Chartered Accountants (CAs). The aim is to protect the professional rights of CAs while ensuring due legal process is followed.

The Institute of Chartered Accountants of India (ICAI) has released a comprehensive Standard Operating Procedure (SOP) to guide police and other law enforcement agencies during investigations, searches, seizures, interrogations, detentions and arrests of Chartered Accountants (CAs). This initiative
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FAQ :

The ICAI SOP aims to guide law enforcement agencies on the proper procedures for investigating Chartered Accountants, ensuring their professional rights are safeguarded and due process is followed.

The SOP covers investigations, searches, seizures, interrogations, detentions, and arrests of Chartered Accountants.

When searching a CA's office, law enforcement must ensure no media is present and should only seize documents directly related to the specific client under investigation, not those of other clients.

During interrogation, a CA's chosen advocate should be present, and the session should be video recorded. Arrests should only be made if there's prima facie evidence of fraud or misappropriation, and law enforcement must comply with relevant sections of the Code of Criminal Procedure.

Yes, the SOP states that no disclosure of a Chartered Accountant's name should be made to the press until the investigation is completed.

Chartered Accountants are only mandated to retain audit documentation for seven years from the date of the audit report, as per Standard of Audit (SA) 230.




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