New Delhi: The Delhi High Court decided that a woman can be called to the Enforcement Directorate’s (ED) office to give her statement in a FEMA matter.
The court overruled the idea that the protections in Section 160 of the Code of Criminal Procedure (CrPC) apply to such summonses. Justice Neena Bansal Krishna, sitting as a single‑judge bench, dismissed a writ petition filed by a 53‑year‑old Canadian national who challenged an ED summons issued under Section 37 of the Foreign Exchange Management Act (FEMA).
The petitioner claimed that, being a woman, she should not be forced to appear at the ED office and that her statement ought to be taken at her home. She relied on Section 160(1) CrPC, which bar women from being obliged to show up anywhere other than their residence for investigations.
In its ruling, the Delhi High Court held that investigations under FEMA are civil‑administrative in nature, not criminal inquiries. Therefore the gender‑based safeguard of Section 160 of the CrPC cannot be invoked.
“Civil Code contains no provision like Section 160 Cr.P.C mandating that a woman’s statement be taken at her residence. The petitioner’s insistence on not appearing before the Authority is, therefore, unfounded,” Justice Krishna observed.
“Powers concerning discovery and evidence production under Section 37 FEMA mirror those under Section 131 ITA, which is governed by the Civil Code. Accordingly, Section 160 Cr.P.C does not apply,” the court added.
The petition also noted that the petitioner had already supplied all documents demanded by the ED and sought relief from appearing because of medical issues in her family and her gender, urging the agency to record her statement at her home.
Finding the petition “without merit,” the Delhi High Court refused to interfere with the summons. “Given the law discussed above, this court sees no basis for the Writ Petition,” Justice Krishna said, dismissing the case.
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