Can a person in America file complaint in India
01-Sep-2023 (In Criminal Law)
I am US citizen but I was s*xually and emotionally abused when I was child and was in India. This was in year 1988. (Yes I am aware that this is an old matter but I believe there is no statue of limitation for criminal matters like abuse) I and family who abused me were living in Shahpur at that time and crime occurred in Shahpur as well. Now that abusive family is also in USA. Could you please advise me if I need to come physically in person to file F.I.R. I am currently studying and it will be very difficult to come in person. Can I send a complaint via email or postal mail?
You are absolutely right. The statute of limitation does not apply to criminal matters. You will have to send a signed application by courier and an affidavit that we shall have to put in court. It can be done.
Sir
It is True that Criminal Act do not attract statute of limitation, however, an Compliant, as old as 28 years back, would not be so easily entertained by Court / Police Authorities, unless there is a strong convincing reasons for lodging such FIR belatedly.
Recently the legislation has passed POSCO Act, for prevention and dealing with Child Abuses. However, the said law cannot be applied to an alleged offence committed in the year 1988. In 1988, except IPC there was no other law, which dealt with cruelty & sexual exploitation of a minor child.
So, though there is no bar over lodging of the FIR or Private Complaint before the Judicial Magistrate, yet, the likelihood that there will be any favorable result is less then negligible.
A Police Complaint can be filed directly before teh Police Authorities by lodging and FIR. If Police do not agree to lodge such FIR, then you can either file Writ Petition in HC for direction to police to lodge an FIR, or you can file an Magistrate Private Complaint u/s 200 of the Cr.P.C.
You can act through a Power of Attorney to file this Complaint. However, you have to remain personally present for giving your statement before the Authorities.
I practice in Gujarat High Court at Ahmedabad. Should you need any assistance, then feel free to contact me.
Best Regards
It is True that Criminal Act do not attract statute of limitation, however, an Compliant, as old as 28 years back, would not be so easily entertained by Court / Police Authorities, unless there is a strong convincing reasons for lodging such FIR belatedly.
Recently the legislation has passed POSCO Act, for prevention and dealing with Child Abuses. However, the said law cannot be applied to an alleged offence committed in the year 1988. In 1988, except IPC there was no other law, which dealt with cruelty & sexual exploitation of a minor child.
So, though there is no bar over lodging of the FIR or Private Complaint before the Judicial Magistrate, yet, the likelihood that there will be any favorable result is less then negligible.
A Police Complaint can be filed directly before teh Police Authorities by lodging and FIR. If Police do not agree to lodge such FIR, then you can either file Writ Petition in HC for direction to police to lodge an FIR, or you can file an Magistrate Private Complaint u/s 200 of the Cr.P.C.
You can act through a Power of Attorney to file this Complaint. However, you have to remain personally present for giving your statement before the Authorities.
I practice in Gujarat High Court at Ahmedabad. Should you need any assistance, then feel free to contact me.
Best Regards
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Dean Academics of my college threaten me and my friends to stop degree
- Draft Of Writ Petition For SUPREME COURT is Ready With Me
- case status :-- disposed , nature of disposal:- uncontested disposed
- Withdrawal if NCR registered against me. Police is not responding to t
- Sexual abuse and psychological trauma
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."