Can a person in America file complaint in India

984 votes

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.

Advocate Mauleen Marfatia LawRato

540 votes

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

LawRato LawRato