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CBI/ Police Cannot Ask To Furnish Demand Draft Or Deposit Money Under Section 91 of the Code of Criminal Procedure, 1973 December 11, 2025
Published in: Articles
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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.
Authored By
Rajat Jain, Advocate
Email: [email protected]
Mobile No. 9953887311
