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Javed (CA)     15 October 2012

Ipc 498a only against indian nationals

There are many cases in which foreign nationals have been charged with 498a and other cases.To make them aware.Please read this.

"Indian Penal Code (IPC) is a document that covers almost all the crimes happening in the cociety.It is a piece of British colonial legislation dating from 1860.Now it provides a penal code for all of India including J&K where it was renamed the Ranbir Penal Code(RPC).The code applies to offence committed by an Indian Citizen anywhere and on any Indian registered ship or aircraft(This law does not however apply to the armed forces or supersede any other acts."

So those who are foreign citizens and holding foreign passports please don't get into the trap of Indian police and lawyers who are trying to extort you.Just inform your concerned embassy and they will take care of these extortionists.


 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 October 2012



Section 2. Punishment of offences committed within India

Every person shall be liable punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which, he shall be guilty within 1[India] 2[***].


Section 2 of the IPC "Person" includes not only Indian citizens but foreignors as well. Hence if an offence is committed in India foreignors are liable to be prosecuted. As regards 498a - it deals with cruelty for dowry, and it has been held to be a continuing offence - hence if foreignor has lived with woman, howsoever briefly in India, and allegation spertain to that period - technically he is subject to the jurisdiction of indian Courts. 


However if the allegations pertain to a place outside India and the accused persons are not Indian Citizens - then Indian Courts have no jurisdiction. Reliance in this regard can be placed on the decision of Fatima Bibi Ahmed Patel v. State of Gujarat (2008) SC wherein it was held Section 4 of the Indian Penal Code, extends the scope of applicability of the territorial jurisdiction of the court of India to try a case, the cause of action of which took place outside the geographical limits. This provision has extra territorial application but the same must be applied subject to fulfillment of the requirements contained therein i.e person should be citizen of India in this case MIL was citizen of Kuwait was sought to be implicated u/s 498A by DIL – held improper.

shalini (software engineer)     16 October 2012

what about indians living in abroad(on H1,temporary visas and green cards) who are not  citizens of that country and only hold citizenship of India ????? who harass girls by geting married in india and taking abroad for harassment

stanley (Freedom)     16 October 2012

Mrs Shalini ..............If it is the US they have better laws over Domestic Violence over there and the response by the cops is so fast is that you have to just call the help line and the case is resolved very fast over there not like indian courts where you have to spend years and years !!

shalini (software engineer)     16 October 2012

ok i have a question , my husband used to stress me for divorce everytime ,i was so much pissed off ....this situation...he used to use fouls words on me and my family....he doesnt behave as man but he wants to show his manliness in puting me far and abusing me....so i explained whole this to my freind, she asked me to contact for chetanas, womens organisation in USA......then they asked me to record his voice .......i dont have a mobile with me  at that time, so wen i went to walmart i bought recorder and kept aside and i dint record his voice.......one day he recognized it and hit me strongly , spitted on my face...he asked me to leave house, where i have to go?? i donno any one around, no indians der...i was on h4 dependent visa, no support ..he feared me like he will call police, i said ok, and police came and asked me .. i donno wat my husband told,,,,,i explained them wat happened and they left .............he stressed me lot to sign papers..but i was not willing..then i booked tickets to india and came to india..still i was not ready for divorce ..there is some intiation from elders ..again i am back to US..but i came to know that he is physicaly unfit  for s*x...i forgoten of physical relation for 1 yr due to lot of disturbances in marriage regarding dowry, inlaws....wen i woke up it took nearly 2 yrs tht he is not intrested in s*x, in this 2 yrs we participated 4 times that too am not sure...we lived under same roof for 1.5yrs ,he sleeps in hall, am in bedroom or he maintains distance in bed.......i think marriage wont work any more.....but i been harassed by his family and him for 2 yrs ..wat abt that..they cheated  me  ..i am still in USA , looking for job, so that i can financialy with stand and take steps for divorce......but  my inlaws should be punished for harassing me in india..even my husband...i dont need any money from them ..but they have to realise  that they spolied a girl life 

Javed (CA)     16 October 2012

@Adv. Bharat Chugh  Thanks for your valuable input.As you have mentioned that one can file allegation to that period which means if it was a stay for a single day together somewhere before 2years and after 2years if the wife files a complaint.In this case is the court not going to ask what she was doing for these many years.Does this mean a grandmother age of 80 can file a 498a or DV against grandfather and all his blood relatives for something done 50yrs ago ?


@Shalini Now the word "Spoiled a girls Life" or "Girls market value is gone" all these words are commonly used by Womens organizations.Please ask yourself who really spoiled your life? If your husband and in laws really tortured you for dowry then go for a case against them.If you both have problems with relation and if its impossible to live together then get separated by mutual consent,why you still hang on him and not giving divorce.Your life is not destroyed and you still can have a life but if you file a false case against the man and his family which will definitely destroy his life and will cause enimity for lifetime.Please learn to live in peace.

Harsha   24 September 2019

Hell I am a uk citizen and my wife in india filed 498a is india ( although we hardly stayed in india after marriage ) is this possible , Javed above mentioned it can�t be filed on foreign citizens , can you please help ?

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