Can a canadian national be arrested in india
rajeev
(Querist) 23 November 2013
This query is : Resolved
Hi I wanted to know if I can be arrested in India. My wife and I are both Canadian national and I have filed a divorce petition in Canada itself. My wife also filed some false cases against me in Canadian courts and when the Judgement came against her in Canadian courts............she came to India and files a dowry, cruelty, harassment, fraud etc. We got married in India in 2000 but I took her to Canada in 2001 and since then we both are living there and she has also become Canadian National.
First time she filed all these IPC dhara's against me I went to High Court in Allahabad and got a "stay" against my arrest.
Few days back she went to a local police station once again and made another FIR against me. Today 4 Police officers came to my local house in Varanasi and asked me to show my Canadian Passport. Once I showed them they took my passport and walked off. They told me that I should go and see the local CO. Can the local police take away my Canadian Passport without any court order from India or Canada. They never gave me any thing in writing. They just walked off.
What should I do??
Rajeev
9811555911
Sudhir Kumar, Advocate
(Expert) 24 November 2013
First of all be enlightened the simply by acquiring Canadian Nationality you are not exempted from criminal law.
YOU ARE NOT A CANADIAN DIPLOMAT IN INDIA
Criminal law of every country applies to all persons found (or made to be found) on their soil irrespective of nationality.
On your analogy no Indian national should be arrested by Canadian Police if he enters without valid VISA or commits a crime there.
Sudhir Kumar, Advocate
(Expert) 24 November 2013
First of all be enlightened
that criminal law of any country applies to all nationals found (or made to be found) on their soil.
If criminal case is made in India you are liable to be arrested and if proved then to be jailed as well. There are many foreign National in Jails of India as well as Canada.
Case would have different if you had been CANADIAN DIPLOMAT in India.
V R SHROFF
(Expert) 24 November 2013
Law of the Land apply.
P. Venu
(Expert) 24 November 2013
The action of the Police Officer is beyond the limited powers vested with them under Section 102 CrPC.
You may take up the matter with his official superiors.
rajeev
(Querist) 24 November 2013
Thanks......but they haven't charged me with anything or they haven't told me anything yet about who made the latest complaint.
The Police came to my house and asked me to prove that I am a Canadian national and when I showed them my passport they just took it away.
My question is can they take my passport without any official authorizations.
Rajeev
prabhakar singh
(Expert) 24 November 2013
No is answer to your query which Mr. Shri P. Venu has already replied.You should not have allowed them to carry your passport without asking them to give you receipt in writing.Complain the matter before SSP.
The big problem is that they may deny that they took your passport.
rajeev
(Querist) 24 November 2013
Thanks, I politely asked them not to take my Canadian Passport and even if wish to take it..........then they should give me receiving but which they refused and walked away with my passport.
Also can you please tell me if our divorce matter can be filed here. I have been married for 13 years n I have filed a divorce and other cases against my wife in Canada itself. I have also got Judgement against her from the Canadian courts. Now she has run back to India and filed all these fake cases against me in Local Police station n local courts. All this is happeing after 13 years. I was under the impression that all the dowry matters time limits is maximum 7 or 11 years.
Rajeev
prabhakar singh
(Expert) 24 November 2013
Since the marriage was solemnized in India,despite you both having Canadian citizenship ,Indian Courts do have jurisdiction over your matrimonial causes,but you may seek stay of those proceedings if reliefs are same and courts may in fit cases grant stay .
Cases finally decided there between you can not be reopened here.
If you have a final decree of divorce 13 year ago then she does have right to go for lodging dowry harassment or Domestic violence cases in India.
But being in India if you commit any act defined as crime in Indian Penal Code or under any Act passed by legislature,FIR can be lodged,investigation can go,police can charge sheet you,court can proceed with trial.
It is not clear what cases are decided finally and what cases are pending.
rajeev
(Querist) 24 November 2013
Thanks.....no we haven't been divorced yet from Canada. She is running away from the Canadian Courts as they haven't listen to her lies.........now she has came back to India and lodged all these lies with the local police. She has given her parents address in her FIR as she has no Indian identification and the local police has lodged a FIR against me and I went to Allahabad high court and got a Stay........but yesterday she might have lodged another complain and that's why they came and took my passport without giving me any proper reason.
How many years in the time limitations in India in regards of filing a fake dowry, cruelty, harrassment, fraud et etc.
Rajeev
prabhakar singh
(Expert) 24 November 2013
In fact there is no limitation law applicable to lodge any FIR regarding Dowry,cruelty and harassment,all would be lodged as and when happened.Fraud is an civil as well as criminal act.Limitation prescribed for a civil law suit based on fraud is three years from the date of disclosure of fraud while an FIR is expected
to be lodged forthwith.
T. Kalaiselvan, Advocate
(Expert) 24 November 2013
Mr. P. Venu and Mr. Prabhakar Singh have properly addressed your query. The solution left before you is that you may approach the Senior Police Officer of your district with a complaint against the atrocities of the local police who, without any valid reason have illegally impounded your passport and never bothered to even inform about the course of action they intend to initiate against you. The action of local police is violation of law, they cannot take away your passport without a specific order from a court of law or by an order of District Collector/SSP. You may even petition the District Collector for relief.
prabhakar singh
(Expert) 24 November 2013
Agree with solution prescription of Expert : T. Kalaiselvan, Advocate but unfortunately
act done by police is with hope that you shall grease their palm with canadian$.Take care of all situations.
rajeev
(Querist) 24 November 2013
Thanks Everyone.
prabhakar singh
(Expert) 24 November 2013
Okay !but for which of my answer?
Anyway I welcome you to the limit of my prudence!
rajeev
(Querist) 24 November 2013
For all your answers.
prabhakar singh
(Expert) 24 November 2013
NOW COMES THE TIME OF MY OBLIGATION PERHAPS I helped YOU?
rajeev
(Querist) 24 November 2013
Yes ur answers did helped me.
prabhakar singh
(Expert) 24 November 2013
Your response is my pleasure to serve you.
Sudhir Kumar, Advocate
(Expert) 24 November 2013
now as far as sizure of passport you are a real victim.
First of all you have to come out of misconception. Police of any country can confiscate passport of any courtly from a person found on their soil.
Indian police finding someone against whom there a complaint of cognizable offense, can confiscate his passport without any authoristion from anyone.
But But But
Indian Police cannot confiscate any document or property without a panchnama a signed by both policeman and other party and witnesses. So their action is illegal.
If you complaint to higher authority you may have a difficulty in proving the siezure as they have no choice but to deny.
T. Kalaiselvan, Advocate
(Expert) 24 November 2013
As suggested by Mr. Singh, you also try greasing the palms of the police and retrieve it in the same way it was impounded (?)
Rajendra K Goyal
(Expert) 25 November 2013
Police has taken your passport without giving any acknowledgement and you are Canadian citizen contact High commission of Canada in New Delhi.
rajeev
(Querist) 25 November 2013
I got my passport back as they came to my house and returned it. However I have still filed a report with SSP of what happened to me two days back.
