Can An Nri File A Criminal Case Against Any Indian ?

Though Article 14 of the Indian Constitution extends protection to persons in India irrespective of their nationality, misconceptions are there regarding the rights of foreign nationals to seek a remedy under the criminal justice system in India.

Article 14 ensures that all persons are to be treated equally before the law and extends equal protection of the law. The term persons used in the Article includes foreign nationals along with Indian residents.

Can foreign nationals invoke criminal justice system in India ?

As has already been mentioned above, the law treats foreign nationals and Indian residents equally for protection as guaranteed before the law, including the criminal laws. If a foreign national resides in India, the knowledge of the basic criminal law of the country becomes essential, as the person will be able to seek remedy at the right place as a victim.

How an FIR could be lodged by a foreign national

• Offences have been divided as cognizable and non-cognizable under the IPC. Cognizable offences consist of a list of serious offences, where the police could arrest without permission from a judicial magistrate, whereas, non-cognizable offences could be considered as non-serious offences. A list of offences that have been recognised as cognizable offences have been provided under Schedule I of the CrPC. Further, the Code divides offences into bailable and non-bailable offences. The offences which are serious in nature usually fall within the category of non-bailable offences.

• An offence under Schedule I if committed against a foreign national, the first step would be to report it. For that, it is important to understand what a First Information Report (FIR) and a complaint mean.

• In usual cases, when a crime has been committed against a person and that crime falls within the ambit of Schedule I, the person would have to register an FIR Section 154 of CrPC. FIR is about giving information to the police regarding the commencement of a cognizable offence.

• The aggrieved person can write an application directly to the Magistrate as well. The CrPC provides a Magistrate the right to take cognizance over the commission of an offence under Section 190 through a complaint. A complaint could be defined under Section 2 (d) of the CrPC as an allegation which is made in writing or is given orally to a Magistrate.

• These allegations should be made with the view to his taking action as per the CrPC over the commission of an offence against a person who committed it. The person is not required to be named.

• A complainant while lodging an FIR or when writing an application to the Magistrate could be any person and does not necessarily have to be an Indian citizen. If the law has neither prescribed a qualification or has barred a person by necessary implication or express prohibition, then any person, whether aggrieved or otherwise, can set the process of law in motion.

• In the case of A.R. Antulay v Ramdas Sriniwas (1984),the Court observed the scope of Section 190 and held that the fundamental principles behind the administration of criminal justice allows any person to set the criminal law in motion. Only if there is a special provision to the contrary, a person would be restricted to seek the remedy.

• Hence, in case you are a citizen of the country or not, and wish to file a criminal complaint against any crime committed against you, you must contact an experienced criminal lawyer in Hyderabad, criminal lawyers in Kolkata or the city you are in, in order to understand the proper legal procedure which is required to be followed.

Conclusion

The procedure to file a complaint by a foreign national does seem quite simple, however a foreign national may face issues while trying to set the law in motion. Therefore, it is important for the foreign nationals to understand that the law is in their favour and they will be provided with a legitimate protection under it.

Hence, they could trust the criminal justice system of India. However, a person with dirty hands cannot use the criminal system so as to defeat the ends of justice or to secure himself means to carry out his illegal activities. Hence, in any case, if you are facing any legal issue in India, you may contact an experienced criminal lawyer in Mumbai.

Lead India offers you a team of experienced advocates who have been dealing with criminal cases successfully for many years and could offer you much need criminal advice related to your issue. Thus, if you wish to talk to a lawyer or seek free legal advice, you may contact us.

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