- within Criminal Law topic(s)
- in India
- with readers working within the Law Firm industries
- within Criminal Law, Privacy, Government and Public Sector topic(s)
In a significant ruling, the Hon'ble Delhi High Court in Exclusive Motors Pvt. Ltd. v. Central Bureau of Investigation & Ors., 2025:DHC:5662, ruled that investigating agencies cannot compel private parties to deposit money under Section 91 of the Code of Criminal Procedure, 1973 (CrPC).
Exclusive Motors, an authorized dealer of Bentley vehicles in India, received Rs. 50 Lakhs as advance from a buyer for a Bentley Mulsanne. The vehicle was imported from Bentley UK, but the buyer failed to pay the remaining amount and take delivery. As per the agreed terms, Exclusive Motors forfeited the advance and later sold the car at a loss.
Subsequently, the CBI initiated an investigation into the buyer's company for alleged illegal collection of public funds. During the probe, it was found that the Rs. 50 Lakhs paid to Exclusive Motors came from tainted funds and was "proceeds of crime."
The CBI then issued a notice under Section 91 CrPC directing Exclusive Motors to furnish a Demand Draft of Rs. 50 lakhs.
The Court held that Section 91 CrPC is limited to compelling the production of documents or tangible evidence which is in possession of the person and not for seeking monetary deposits Such a demand is beyond the scope of the provision and has no legal backing.
The judgment clarifies that Police or CBI cannot seek recovery of money or issue monetary demands under Section 91 CrPC. Any such action is liable to be challenged as unlawful and contrary to procedural safeguards under criminal law.
© 2025, Vaish Associates Advocates,
All rights reserved
Advocates, 1st & 11th Floors, Mohan Dev Building 13, Tolstoy
Marg New Delhi-110001 (India).
The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article.
