Stalking/ foreign national
StalkVik
(Querist) 11 April 2014
This query is : Resolved
Hi Experts.
I am a female. I am a foreign national studying in India since last 3 years
PAST:- When i came to India i found a boyfriend for myself who was from the same country as mine and we started living in. But after a year or so we separated as he started beating me. we decided to part our ways and i moved out of the house.
PRESENT:- In Feb he entered my house and beat me up. Then again in March, he came to my place late at night, when me and roommates refused to open the door he literally broke the door open,entered my house and beat me up like an animal in front of my flat mates. The guards of the society called the police but by the time the police arrived, he had left. He keeps following me, he keeps calling me on the phone. he would come in font of the building and ask me to come downstairs to check if i am at home or not. He forces me to go out with him, he threatens me that if he saw me with any other guy, he would kill me and him.
One day while returning from college he followed me and started abusing me while on the bike. I went to the police station to file a complaint but i had to take it back cause my father didnt want me to get into all this. But still i made him sign a paper that he wont call me etc.
My Queries:- Will the Indian Law entertain my complaint as i am a foreign national? I want to stay here and study further. I am sure he would also do that once he finds out, he is rich with nothing to do.
If you suggest a Yes to the above query, what are the ways to go about it.
your help will be highly appreciated. Please help, i am very suffocated cause of this.
ajay sethi
(Expert) 11 April 2014
you can lodge police complaint against your ex boy friend for stalking . the police will entertain your complaint . it is immaterial that you are foreign national .
ajay sethi
(Expert) 11 April 2014
Under IPC section 354 A (1), whoever follows a person or attempts to contact such person despite a clear indication of disinterest and whoever sends messages in a manner that results in fear of violence or distress would be booked for stalking. If convicted, the accused can be jailed for one to three years.
StalkVik
(Querist) 11 April 2014
Thanks Sir. One more thing, please. After the police thing which i mentioned above, i had to go out with him as he forced me and i was too scared to refuse. Will it go against me, if he uses these outings as a defense?
ajay sethi
(Expert) 11 April 2014
you went with him on a date on account of fear factor . you were scared that if you refused he would beat you again mercilessly . it wont go against you
Devajyoti Barman
(Expert) 11 April 2014
Succumbing to his pressure once or twice does not entitle him stalk you for ever once you refuses to entertain him anymore.
The aforesaid section does apply to your case and you can lodge complaint with police to see enforce the said provision of law.
Sudhir Kumar, Advocate
(Expert) 11 April 2014
your question
My Queries:- Will the Indian Law entertain my complaint as i am a foreign national? I want to stay here and study further. I am sure he would also do that once he finds out, he is rich with nothing to do.
If you suggest a Yes to the above query, what are the ways to go about it.
Ans : criminal law of every country applies equally to each one (whether as complainant or accused) found on its soil.
Dr J C Vashista
(Expert) 12 April 2014
Ms StalkVik,
Very well advised by the experts, I fully agree and appreciate their advise.
Cause of action starts where ever the crime has been committed, irrespective of the nationality.
Do not be panicky or get scared, face him boldly, law is very much favourable to female in India.
T. Kalaiselvan, Advocate
(Expert) 13 April 2014
I agree with the opinions of all experts. A complaint with the local police for the stalking offence can very well be lodged against him as well as you can include his other offences against you, you are a guest of this country, so it is the duty of this country to protect and your interest during your stay here and the law will take care of your interests, be bold and fearless.
