Can NRI file criminal case in India without traveling to India

55 votes

Yes, an NRI (Non-Resident Indian) 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.

LawRato LawRato

997 votes

You have to come personalley in the court having jurisdiction to try and entetain the complaint which you want to file. After filing the complaint the court will record your statment on oath in the court thereafter the personnel attendence can be dispense with through your advocate and the complaint case will be proceeded.

Advocate RK Garg LawRato

649 votes

Hi first of all please tell me what type of criminal case you want to file.
2. If the f.i.r is registered then your statement have to be recorded with the police for that you have to be here itself in india.
3. If u file a complaint case then alainyou will to have to for recording of ur statement.
You dont have to come on every date but u will have to come when ur statement need to be recorede.
The court will favour the accusednif u dont come.

Advocate Vibhor Maheshwari LawRato

250 votes

Yes, an NRI (Non-Resident Indian) can file a criminal case in India without physically traveling to India. However, there are certain procedures and conditions to be aware of:

1. Jurisdiction: The NRI must determine the appropriate jurisdiction for filing the case in India, which is typically the location where the alleged crime occurred.
2. Power of Attorney: The NRI may be able to appoint a trusted representative in India who will act on their behalf. This representative can include a lawyer or a family member. A Power of Attorney document is often used to grant legal authority to the representative.
3. Document Submission: The NRI can provide all necessary documents, evidence, and details related to the case to their representative in India. This includes a detailed complaint outlining the facts of the case.
4. Legal Assistance: It's advisable for the NRI to seek legal counsel in India to ensure proper legal procedures are followed. A lawyer can help draft the complaint and guide the representative through the legal process.
5. Police Complaint: In cases requiring police intervention, the representative can file a police complaint (FIR) on behalf of the NRI. The FIR is a crucial step in initiating a criminal case.
6. Court Proceedings: Subsequent legal proceedings, such as hearings and court appearances, can be managed by the appointed representative with the NRI's consent.
7. Regular Communication: Effective communication between the NRI and their representative is essential to keep the NRI informed about the progress of the case.
8. Declaration of NRI Status: It's important for NRIs to declare their status to relevant authorities, as failure to do so can have legal consequences. They should follow the necessary procedures for maintaining NRI status.

Advocate Chikirsha Mohanty LawRato