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Can NRI file criminal case in India without traveling to India


16-Jul-2023 (In NRI Law)
I am an NRI. If I file a criminal case against somebody in India, do I need to come here for all the hearings? I work in USA and it may not be possible to come. How should I deal with the situation? If I don't attend the hearings regularly, will the court give judgement in favour of the accused?
Answers (3)

Answer #1
347 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.

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Answer #2
950 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.
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Answer #3
636 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.
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