The Delhi High Court has ruled that the Enforcement Directorate (ED) may summon women to its office for recording statements in proceedings under the Foreign Exchange Management Act (FEMA).
The judgment clarifies that protections available to women under Section 160 of the Code of Criminal Procedure (CrPC) do not apply to FEMA-related inquiries.
A single-judge Bench of Justice Neena Bansal Krishna delivered the ruling while dismissing a writ petition filed by a 53-year-old Canadian citizen.
She challenged an ED summons issued under Section 37 of FEMA, claiming that, as a woman, the ED could not compel her to appear at its office and that it should record her statement at her residence.
She cited Section 160(1) of the CrPC, which bars requiring women to appear anywhere other than their home during a criminal investigation, arguing that the ED’s summons violated this protection.
The High Court clarified that FEMA investigations constitute civil-administrative proceedings, not criminal inquiries, and therefore, the CrPC’s gender-based safeguards do not apply.
Justice Krishna observed that the Civil Code contains no provision equivalent to Section 160 CrPC that mandates recording a woman’s statement at her residence.
“The insistence of the petitioner for not appearing before the Authority is, therefore, without any basis,” the court held.
The judge further noted that the ED’s powers under Section 37 of FEMA, which relate to the discovery and production of evidence, are analogous to those granted under Section 131 of the Income Tax Act—both governed by civil law principles. As a result, the court held that Section 160 CrPC does not apply to proceedings under FEMA.
Petitioner’s Grounds Rejected
The petitioner had claimed that she had already submitted all documents sought by the ED and sought exemption from personal appearance on grounds of family medical issues and her gender.
She requested that the agency record her statement at her residence instead.
The court rejected her submissions, emphasising that the ED is entitled to summon individuals for in-person questioning as part of its civil-administrative functions.
Concluding the matter, the High Court found no justification to interfere with the ED’s summons. “In light of the law discussed above, this Court finds no merit in the writ petition,” Justice Krishna stated, dismissing the plea.
The ruling establishes a key precedent, clarifying that investigative authorities can summon women for civil proceedings under FEMA, even though the CrPC restricts such compulsion in criminal investigations.
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