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Legal Options for NRIs Facing Criminal Charges in India While Living Abroad
- Adv. Navkiran Singh, Adv. Harpreet Kaur
- Jul 1
- 2 min read
Introduction
For many NRIs living abroad, discovering that a criminal case has been registered against them in India often comes as a shock. These cases are frequently initiated by estranged family members, ex-spouses, or business associates and can include false allegations under serious laws such as Section 498A IPC (dowry harassment), property disputes, cheating accusations, which may lead to even the issuance of Non-Bailable Warrants (NBWs).
If you think you must return to India immediately or fight alone, think again. There are effective legal options available for NRIs who are facing Criminal charges in India that allow you to protect your rights and manage these cases while being Abroad.
Common Types of Criminal Cases Faced by NRIs in India
NRIs often encounter a specific set of legal challenges in India, including:
Section 498A IPC (Dowry Harassment): One of the most common criminal allegations filed by in-laws or spouses.
Property Disputes: False criminal complaints to gain an upper hand in property matters.
Cheating and Fraud Allegations: Cases that often arise in business or contractual disagreements.
Domestic Violence: Charges filed by spouses or relatives.
All these cases may lead to issuance of either Non-Bailable Warrants (NBWs) or Look out Circulars (LOCs), which are Legal orders that restrict travel and complicate your situation further.
Legal Options for NRIs while being Abroad and without Returning to India
1. Quashing of FIRs under Section 482 of the Criminal Procedure Code (CrPC)
If the FIR (First Information Report) is baseless or filed maliciously, an NRI can file a petition to quash the FIR in the High Court, t
hus preventing further legal harassment.
2. Applying for Anticipatory Bail
NRIs can seek anticipatory bail through their legal representatives in India, which prevents arrest during the investigation.
3. Filing Petitions in Higher Courts
Petitions can be filed in the High Court or Supreme Court for relief in cases of false charges or procedural lapses.
4. Power of Attorney for Legal Representation
NRIs can appoint trusted lawyers in India through a Power of Attorney (POA), which must be duly notarized and apostilled as per International requirements. This allows lawyers to represent and handle court proceedings on your behalf, eliminating the need to travel repeatedly.
Travel Restrictions and Look out Circulars (LOCs)
A Look out Circular (LOC) is issued by Indian immigration authorities to prevent an individual from leaving the country due to pending legal cases. It can severely disrupt travel plans and impact international mobility.
How to Check for an LOC: NRIs or their legal representatives can request information on LOC status from Indian immigration authorities.
Cancelling or Staying an LOC: Through legal petitions and court orders, LOCs can be challenged and revoked to allow free movement.
CASE LAWS BY SINGH LAWYERS (Counsels for Petitioner)
1. Pardeep Kaur versus State of Punjab and Another, CrM M- 33746 of 2018 – Judgment of the case can be checked at IndianKanoon website[1].
2. Sakinder Kaur versus State of Punjab, CrM M- 12319 of 2021 – Judgment of the case can be checked at IndianKanoon website[2].
Conclusion
Facing criminal charges in India while residing Abroad can feel daunting, but you are not alone. Legal remedies are available to protect your freedom, reputation, and future.
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