Power of search, seizure, etc
Section 37 of the Foreign Exchange Management Act, 1999 deals with power of search, seizure, etc. The Director of Enforcement and other officers of Enforcement, not below the rank of an Assistant Director, shall take up for investigation the contravention referred to in section 13. The Act came into force on 01 Jun 2000.
(1) The Director of Enforcement and other officers of Enforcement, not below the rank of an Assistant Director, shall take up for investigation the contravention referred to in section 13.
(2) Without prejudice to the provisions of sub-section (1), the Central Government may also, by notification, authorise any officer or class of officers in the Central Government, State Government or the Reserve Bank, not below the rank of an Under Secretary to the Government of India to investigate any contravention referred to in section 13.
(3) The officers referred to in sub-section (1) shall exercise the like powers which are conferred on income-tax authorities under the Income-tax Act, 1961 (43 of 1961) and shall exercise such powers, subject to such limitations laid down under that Act.
Section 37, The Foreign Exchange Management Act, 1999 (Act 42 of 1999).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Lalit Kumar Modi v. Special Director, Directorate of Enforcement
Court's Decision & Legal Precedent
Where FEMA adjudication expressly relies on statements of witnesses recorded under investigation, denial of cross-examination of those witnesses violates natural justice and fair hearing implicit in adjudicatory process under Section 16. Adjudicating authorities are not bound by the Evidence Act but must allow testing of material relied on to establish contested facts.
On this section: Statements recorded under FEMA s.37 and relied upon in adjudication must be open to cross-examination.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 37
What have the courts held on Section 37 of the Foreign Exchange Management Act?
Lalit Kumar Modi v. Special Director, Directorate of Enforcement (30 Jan 2018) is the leading judgment on this section among those set out below: Statements recorded under FEMA s.37 and relied upon in adjudication must be open to cross-examination.
How do I find court cases under Section 37 of the Foreign Exchange Management Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Fema 37, section 37 Fema, section 37 of the Foreign Exchange Management Act. People searching for it also type section 37 of foreign exchange management act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Lalit Kumar Modi v. Special Director, Directorate of Enforcement (30 Jan 2018).
What should I read with Section 37 of the Foreign Exchange Management Act, and has it changed?
Its own text turns on section 13 (Penalties), so none of them can safely be read on its own. One instrument names it without being made under it, most recently the Foreign Exchange Management (Encashment of Draft, Cheque, Instrument and payment of interest) Rules, 2000. (2000).
When did Section 37 of the Foreign Exchange Management Act come into force?
Section 37 of the Foreign Exchange Management Act, cited as Fema 37, came into force on 01 Jun 2000, having been enacted on 29 Dec 1999. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1265 words
- 14. Enforcement of the orders of Adjudicating Authority837 words
- 13. Penalties496 words
- 10. Authorised person489 words
- 49. Repeal and saving475 words
- 19. Appeal to Appellate Tribunal465 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.