Delhi HC Rules FEMA Summons Apply Equally to Women, Rejects Plea for Home Recording of Statement

Dec 2025 : The Delhi High Court has clarified that a woman can be summoned to the Enforcement Directorate (ED) office for the recording of her statement in proceedings under the Foreign Exchange Management Act (FEMA), ruling that gender-based protections under the Criminal Procedure Code (CrPC) do not extend to such civil investigations.

The judgment came from Justice Neena Bansal Krishna, who dismissed a writ petition filed by a 53-year-old Canadian national. The petitioner had challenged an ED summons issued under Section 37 of FEMA, arguing that as a woman, she could not be compelled to appear at the agency’s office and that her statement must instead be recorded at her residence.

She cited Section 160(1) of the CrPC, which prohibits law enforcement agencies from requiring women to appear anywhere other than their place of residence during criminal investigations. On this basis, she urged the Court to quash the ED summons and direct officials to visit her home for the recording of her testimony.

However, the High Court rejected this argument, explaining that FEMA investigations are civil-administrative in nature—not criminal inquiries—and therefore the procedural safeguards of the CrPC cannot be imported into such proceedings.

Justice Krishna observed that the Civil Procedure Code contains no provision corresponding to Section 160 CrPC that would mandate the recording of a woman’s statement at her home. “The insistence of the petitioner for not appearing before the Authority is, therefore, without any basis,” the Court held.

The Court further noted that the powers exercised by the ED under Section 37 of FEMA are comparable to those available under Section 131 of the Income Tax Act, both of which fall within the civil regulatory framework. As a result, protections meant specifically for criminal investigations cannot be applied to FEMA summons.

The petitioner argued that she had already provided the documents requested by the ED and sought exemption from personal appearance, citing family medical concerns in addition to her gender. She reiterated her request for the ED to visit her residence to record her statement.

After reviewing the submissions, the Court concluded that there were no legal grounds to interfere with the ED’s summons. Justice Krishna categorically noted that the writ petition was “without merit” and therefore liable to be dismissed.

With this ruling, the High Court has reaffirmed that individuals—regardless of gender—must comply with summons issued in civil regulatory proceedings such as FEMA, unless a specific statutory protection applies.

Team Maverick.