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False 498a & visa process by private firm

Page no : 2

(Guest)

Sainath Sir. Your suggestion to discuss disagreements via PM is good and in the better interest of everybody. I agree with it. Thank you.

Sudhir Kumar, Advocate (Advocate)     02 June 2016

"police may arrest anyone who is accused of committing a crime"

 

what is so special about India. Any person of any nationality can be arrested by any country's poice if suspected of committing a crime (as per their law).

 

In 1983 one American national CMD of and MNC was arreted at airport in India when his plant leaked poisonous gases and caused death of a town.

Sudhir Kumar, Advocate (Advocate)     02 June 2016

So the so called advisory is not a legal document to be discussed in public.


(Guest)

In the US no arrest can be made without probable cause. Probable cause to make an arrest exists when an officer has knowledge of such facts as would lead a reasonable person to believe that a particular individual is committing, has committed or is about to commit a criminal act. The officer must be able to articulate the facts and circumstances forming the basis for probable cause.

 

Probable cause is determined by the standard of any reasonable person (not just another police officer) and requires establishing of facts (not opinions, not allegations) that lead to determining cause. This is a very high standard to meet.

Alternatively to simply stop a car and ask for documents only requires "reasonable suspicion" which is much lower standard of evidence. This does not need facts and can be based on suspicion of any reasonable police office (not person).

 

In India mere allegations are enough to give police powers to arrest. Cooking up a complaint that discloses cognizable offense is very easy and police assumes power to arrest merely on this ground. There is no requirement for police officer in India to establish any facts or ascertain whether such facts could lead a reasonable person to believe that a crime was committed before making an arrest. This is what is special in India!

Regarding 498A the exact wording of US advisory on that topic is given below. It was displayed prominently by US State Department on their website from 2004 to 2005 for any US citizen who intends to travel to India. 

DOWRY/VISA DEMANDS: A number of U.S. citizen men who have come to India to marry Indian nationals have been arrested and charged with crimes related to dowry extraction. Many of the charges stem from the U.S. citizen's inability to provide an immigrant visa for his prospective spouse to travel immediately to the United States. The courts sometimes order the U.S. citizen to pay large sums of money to his spouse in exchange for the dismissal of charges. The courts normally confiscate the American's passport, and he must remain in India until the case has been settled. There are also cases of U.S. citizen women whose families force them against their will into marriages to Indian nationals.


(Guest)

Sudhir Sir, I am not sure if you are aware but the scale of NRI extortion via 498A is mind boggling. I have personally seen same girl trap two boys one after another, same story of 498A case within 1 month of marriage and walking away with a fat settlement from each boy. Among the Indian diaspora living in US, every week a new case of 498A extortion is emerging and is the talk of every social gathering. It is becoming a well established perception that marrying a girl from back in India is HUGE risk. Similar perception has developed among families living in India where boys from IIT and IIM are concerned. These categories of boys who are financially well off are the prime target of this extortion racket. The girls involved in these scams all come from educated families and live in big urban centers, some of them are doctors, engineers and yet they resort to false 498A cases simply to extort downpayment for a flat.  


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