Civil Procedure Code (CPC)

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vman   14 February 2018

Misuse of dowry law 498a nri

I have came across numerous cases where an NRI or a citizen of another country is falsly accused of  baseless 498a, 125 and other relavent cases. FIR & chargesheets are filed and the hardworking NRI gets pulled into this nuisance that he had never imagined. Cases go on forever with no end and relatives are forced to attend the court dates. Husbands are labeled as criminals, becomes helpless and in a miserable situation. As especially for those who lives in another country with limited sources to the indian legal system and connections. I am in the similar situation and looking for some advice. This incident took place in 2013 and I need some clarification on below mentioned questions. Thank you

1. Is it a common practice to issue look out circular at indian airports for the NRI victims in 498a related cases what is its validity period and is it possible to find out if an LOC has been issued and how can he avoid surprise arrest.

2. If an NRI is arrested while travelling in and ouf of the country does indian court have rights by law to impound a US Passport to prevent the accused from travelling abroad. 

 



 8 Replies

Ms.Usha Kapoor (CEO)     14 February 2018

1) Immediately once you are aware of LOC, start writing complaints to National Human Rights Commission and your State Human Rights Commission > https://nhrc.nic.in/ 2) Start writing and meet in person your local DCP and FRRO. > https://boi.gov.in/content/frro-contact-list 3) Request the IO (Investigative Officer) of the case to remove the LOC post the Charge-sheet has been filed, since your presence is no more required by police for any further investigation. NOTE : IO plays a very important role, since any removal of LOC request has to be initiated ONLY by him which moves to DCP’s desk > FRRO’s desk > MHA > MEA 4) Post your chargesheet filing by IO, you may as well approach the court for removal of the LOC and hope the court obliges
1 Like

Ms.Usha Kapoor (CEO)     14 February 2018

Read more at: https://www.lawyersclubindia.com/forum/Misuse-of-dowry-law-498a-nri-159717.asp s it a common practice to issue look out circular at Indian airports for the NRI victims in 498a related cases what is its validity period and is it possible to find out if an LOC has been issued and how can he avoid surprise arrest. 2. If an NRI is arrested while travelling in and ouf of the country does indian court have rights by law to impound a US Passport to prevent the accused from traveling abroad. Read more at: https://www.lawyersclubindia.com/forum/Misuse-of-dowry-law-498a-nri-159717.asp Read more at: https://www.lawyersclubindia.com/forum/Misuse-of-dowry-law-498a-nri-159717.asp t a common practice to issue look out circular at Indian airports for the NRI victims in 498a related cases what is its validity period and is it possible to find out if an LOC has been issued and how can he avoid surprise arrest. 2. If an NRI is arrested while travelling in and ouf of the country does indian court have rights by law to impound a US Passport to prevent the accused from travelling abroad. Read more at: https://www.lawyersclubindia.com/forum/Misuse-of-dowry-law-498a-nri-159717.asp Read more at: https://www.lawyersclubindia.com/forum/Misuse-of-dowry-law-498a-nri-159717.asp s it a common practice to issue look out circular at indian airports for the NRI victims in 498a related cases what is its validity period and is it possible to find out if an LOC has been issued and how can he avoid surprise arrest. 2. If an NRI is arrested while travelling in and ouf of the country does indian court have rights by law to impound a US Passport to prevent the accused from travelling abroad. Read more at: https://www.lawyersclubindia.com/forum/Misuse-of-dowry-law-498a-nri-159717.asp Read more at: https://www.lawyersclubindia.com/forum/Misuse-of-dowry-law-498a-nri-159717.asp

As far as your first questioner is concerned there Is no validity period fort LOC as it will remain permanently there in Ministry of External affairs system till requested to be removed. As far a r 2 nd question I concerned once LOC has been issued to avoid surprise arrest take anticipatory bail. Regional Passport Authority will impound your passport. Once investigation I is completed on condition o not leaving o absconding the country without permission from police customs or airport Authorities will release you passportAn NRI victim against whomfalse 498a cases are pending it is best to avoid returning the country to escape false 498 a criminal proceedings as far as possible.

Night1234   14 February 2018

As per my own experience Human Rights commission (either National human rights or state) in India is a LION WITHOUT TOOTH. I filed a complaint with NHRC about Circle Inspector who detained me in police station without taking me to court for 4 days in a false 498A case. NHRC simply forwarded my letter to the police station where incident happened and forwarded me the reply which NHRC received from police station. THATS IT. NHRC didn't bother whether the reply received from police station is true or not. NHRC just acts as a postman. THAT'S THE REASON I CALL IT AS A LION WITHOUT TOOTH. THEY DON'T DO ANYTHING at least based upon my own experience.

test123   14 February 2018

There is no way to find out LOC issued or not. Indian Court can only impound Indian passport... You can not renew until you settle the matter in court. USA passport can not be impounded ... They can seize your passport when you land in India... You have to take permission from the court to travel back.. which does not happen.. meaning very less chances .. nill chances to get your passport back from court... You would loose your job and would not return back untill case is settled.... Almost all ( 100% ) NRI end up paying money to their wife to settle the case.... This forum is for lawyers to attract clients... They will give all hopes... But in reality they will Never work for YOU.. they will work for your wife...the case stretch longer if they work for your wife.. they make more money.....

test123   14 February 2018

Do not think it takes time to issue LOC... It's easy as ordering Pizza....

Vijay Raj Mahajan (Advocate)     14 February 2018

Look out Notice or LOC is not a piece of chocolate that anyone can go any get from market. Issuing of LOC requires certain basis information about the person against who it has to be issued and which are:-

1. The criminal FIR should be registered against the person and he has not responded but avoided, to the notice served upon him by the police or the court.

2. The complete particulars of the person which include his Passport details should be available with the Police department that can help him identify him at the international port in India only when he arrives or leave through Immigration. If the person hold foreign Passport, from where his Passport particulars the Police will collect, for Indian person getting those particular is understood.

3. The LOC is opened for period on one year only by the Deputy Commissioner, Police of the district where FIR is registered. After one year the LOC expires and for its renewal again the process has to be repeated by taking order from the court. Otherwise if no renewal of the LOC there will not be any stopping or arrest of the person at the international port in India.

4. The Foreign national has protection of his country in India and he can always seek assistance from his local Embassy/High Commission who will get him out of all those troubles which the local police can create for him. For Indian national things can be difficult, no doubt about it.

5. There is no information centre to inform details of the LOC open in the country, however any person working in the Immigration Counter of any International port/airport may help in providing this information if he is known to you.

2 Like

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     14 February 2018

Adv Mahajan has given all the details in the matter.

 

However legal system in India is cheap and better than any other country. Marriage related laws and procedures are very strict and legal fees very high  at other countries since we are dealing in NRI matters to know.

 

The best way to avoid arrest and look out notice is keep track at lower court cases through an advocate. You will know in the lower court where case is running all the details. No other simpler way.

 

If you have a local advocate he will immediately move for bail and even cancellation of look order as soon it is even applied or issued.

Sudhir Kumar (Dy Director)     17 February 2018

you asked

 

"If an NRI is arrested while travelling in and ouf of the country does indian court have rights by law to impound a US Passport to prevent the accused from travelling abroad."

DP you really feel that Indian Police and Court should have no jurisdiction on any foreigner on their soil?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query