Delhi high court NEW DELHI: The protection enjoyed by a woman under Code of Criminal Procedure (CrPC) is not available in proceedings related to Foreign Exchange Management Act (Fema), which is governed by civil law, Delhi high court has ruled.Justice Neena Bansal Krishna dismissed a writ petition filed by a 53-year-old Canadian citizen challenging ED summons issued under Fema Section 37 for recording of her statement, rejecting the contention that safeguards guaranteed to women under CrPC applied to such summons.The petitioner argued that she could not be compelled to appear at the ED office and her statement must be recorded at her residence. She cited CrPC Section 160(1), which prevents women from being required to appear at places other than their residence for investigation. However, the HC highlighted that Fema investigations were civil-administrative proceedings, not criminal inquiries, and therefore, the gender-based protection available under CrPC could not be invoked.“The PMLA and the Fema have distinct statutory frameworks and nature of proceedings. Section 50 PMLA confers criminal investigative powers on ED involving summons for inquiries related to money laundering, which is a scheduled offence under PMLA and involves criminal prosecution. In contrast, Section 37 Fema is primarily concerned with civil-administrative investigations of foreign exchange contraventions governed by a regulatory framework distinct from criminal law. Secondly, there is a difference in the scope of summons and procedural safeguards,” the court said.“Civil code contains no provision like Section 160 CrPC mandating the recording of the statement of a woman at her residence. The insistence of the petitioner for not appearing before the authority is, therefore, without any basis,” Justice Krishna observed.“Powers regarding discovery and production of evidence under Section 37 Fema are analogous to those under Section 131 Income Tax Act, which is governed by civil code and therefore, Section 160 CrPC would not be applicable,” HC added.End of ArticleFollow Us On Social MediaVideosNavy Chief Confirms India’S Third Nuclear-Powered Ballistic Missile Submarine Soon“Both ‘Rs Must Remember Responsibility”: Bjp Slams Rahul, Renuka Over ‘Dog’ RemarksNo More Disruptions: Lok Sabha to Debate Electoral Reforms Next Week’Imran Khan’s Health Stable, But Facing Mental Torture’, Claims Sister After Jail VisitChina’s Condom Tax Shocks the World Amid Birthrate Drop as India Surges Ahead in Population RankingsPakistan Sparks Controversy With Expired Relief Claims As India Rejects Airspace Allegation StronglyCentre Signals Willingness to Discuss SIR, Asks Opposition Not to Set TimelinePakistan’s Adiala Jail To Open Gate To Imran Khan’s Sister After PTI Fury Forces Sharif, MunirRussia Confirms Su-57 Fighter Jets, S-400 Deal On Agenda Ahead of Vladimir Putin’s India VisitCapt Shubhanshu Shares What India Can Learn from ISS Successes123PhotostoriesJennifer Lawrence’s fitness philosophy: 4 lessons to take from her realistic routine8 animals whose names start with the letter “S”Guava health benefits: 7 reasons why your daily plate needs this humble fruitExclusive – Bigg Boss 19’s Ashnoor Kaur addresses allegations of hitting Tanya Mittal during the task; bond with Abhishek Bajaj; says ‘There’s a platonic love between us’5 timeless quotes by Rumi that echo the true essenceof loveNature’s smartest travellers: 5 animals with homes on their backsFrom Cinnamon Tea to Methi Shots: 8 foods and drinks with proven heart benefitsShah Rukh Khan, Amitabh Bachchan, Rajinikanth: Actors who played both hero and villain in the same film9 lesser-known Biryanis from different parts of IndiaVictoria and David Beckham: Parenting secrets from one of the strongest celebrity couples123Hot PicksParliament Winter SessionCyclone DitwahWorld NewsGold rate todaySilver rate todayPublic Holidays NovemberBank Holidays NovemberTop TrendingNina Lin ControversyPaige BueckersShedeur SandersDrake MayeOdell Beckham JrStephen CurryJaxson DartGiannis AntetokounmpoCharlie Kirk ControversyYordan Alvarez Wife
NEW DELHI: The protection enjoyed by a woman under Code of Criminal Procedure (CrPC) is not available in proceedings related to Foreign Exchange Management Act (Fema), which is governed by civil law, Delhi high court has ruled.Justice Neena Bansal Krishna dismissed a writ petition filed by a 53-year-old Canadian citizen challenging ED summons issued under Fema Section 37 for recording of her statement, rejecting the contention that safeguards guaranteed to women under CrPC applied to such summons.The petitioner argued that she could not be compelled to appear at the ED office and her statement must be recorded at her residence. She cited CrPC Section 160(1), which prevents women from being required to appear at places other than their residence for investigation. However, the HC highlighted that Fema investigations were civil-administrative proceedings, not criminal inquiries, and therefore, the gender-based protection available under CrPC could not be invoked.“The PMLA and the Fema have distinct statutory frameworks and nature of proceedings. Section 50 PMLA confers criminal investigative powers on ED involving summons for inquiries related to money laundering, which is a scheduled offence under PMLA and involves criminal prosecution. In contrast, Section 37 Fema is primarily concerned with civil-administrative investigations of foreign exchange contraventions governed by a regulatory framework distinct from criminal law. Secondly, there is a difference in the scope of summons and procedural safeguards,” the court said.“Civil code contains no provision like Section 160 CrPC mandating the recording of the statement of a woman at her residence. The insistence of the petitioner for not appearing before the authority is, therefore, without any basis,” Justice Krishna observed.“Powers regarding discovery and production of evidence under Section 37 Fema are analogous to those under Section 131 Income Tax Act, which is governed by civil code and therefore, Section 160 CrPC would not be applicable,” HC added.
