Women Can be Asked to Appear in ED Offices For Recording Statements in FEMA Cases: Delhi HC

The Delhi High Court, in one of its recent orders, has held that a woman whose presence is required as a witness can be summoned to the Enforcement Directorate (ED) offices for recording her statement in connection with a case under the Foreign Exchange Management Act, 1999 (FEMA Act).

The petitioner, Poonam Gahllot, was a 53-year-old Canadian citizen living in New Delhi with her Husband. She contended that a woman cannot be asked to appear before ED officers, and her statement must be recorded at her residence. She cited Section 160(1) Cr.P.C., which says that no woman shall be required to appear at places other than her residence for the investigation.

However, the High Court dismissed the appeal, saying that the civil code does not have any provision like S.160 Cr.P.C., which requires the recording of a statement at a woman’s residence.

The High Court held that the FEMA is related to the civil administrative investigations of Foreign Exchange contraventions governed by a regulatory framework, which is different from Criminal Law and therefore, the CrPC would not be applicable here.