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Can i file a police complaint in India from usa
04-Jul-2024 (In Criminal Law)
No, you normally do not have to attend every hearing in person; Indian courts now permit testimony and even whole proceedings by audio'video electronic means and may accept your evidence by video'conferencing while your lawyer appears in court, so you should seek the court's permission for remote testimony and instruct local counsel to represent you. Statutory basis: BNSS expressly allows recording evidence and holding trials/hearings in electronic mode and contains a specific provision on absence of the complainant (Clause 272) and definitions/safeguards for audio'video evidence; see Bharatiya Nagarik Suraksha Sanhita, 2023 at PRS India [https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nagarik_Suraksha_Sanhita,_2023.pdf]. The new penal and evidence laws are the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023; full texts at PRS India [BNS: https://lawrato.com/bharatiya-nyaya-sanhita] [BSA: https://prsindia.org/files/bills_acts/bills_parliament/2023/BHARATIYA_SAKSHYA_BILL,%202023.pdf]. Practical and judicial authorities: the Supreme Court has allowed recording evidence by video'conference for witnesses abroad (State of Maharashtra v. Praful B. Desai) [https://indiankanoon.org/doc/560467/], and has approved video/closed'circuit arrangements to protect victims (Sakshi v. Union of India) [https://indiankanoon.org/doc/1103956/]. Beware: if you are the private complainant and repeatedly fail to appear in a complaint case the magistrate may, in his discretion, discharge or the court may dismiss the complaint (BNSS Clause 272), and the Supreme Court has held that dismissal/discharge for non'appearance is a final order which the magistrate cannot lightly recall (Maj. Genl. A.S. Gauraya v. S.N. Thakur) [https://www.latestlaws.com/latest-caselaw/1986/april/1986-latest-caselaw-94-sc/] and Bindeshwari Prasad Singh v. Kali Singh [https://indiankanoon.org/doc/1293189/].
Non-Resident Indians (NRIs) who have grievances against individuals or authorities in India can submit a petition to the Consular Wing, which forwards the matter to the appropriate authority for redressal.
Yes, an NRI can file a criminal case in India. However, there are certain conditions and procedures that need to be followed.
Firstly, the jurisdiction of the court where the case is to be filed should be the same as the place where the offence was committed. Therefore, the NRI will need to approach the court in the area where the offence took place.
Secondly, the NRI will need to appoint a lawyer in India to represent them in the case. The lawyer will be responsible for filing the case on behalf of the NRI and representing them in court.
Thirdly, the NRI will need to attend the court hearings in person or through a Power of Attorney (POA) holder authorized to represent them in court. In case the NRI is unable to attend the court hearings, they may seek permission from the court to participate through video conferencing. However, repeated non-appearance may lead to adverse consequences for the NRI, such as the court deciding the case against them.
It is also important to note that criminal cases can be complex and time-consuming and may require a significant amount of effort and resources. Therefore, before filing a criminal case in India, the NRI should seek legal advice and thoroughly evaluate the merits of the case.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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