If you are stuck in such a situation, here is what to do.

Mr. Alok Verma, an Indian expatriate, recently acquired citizenship in the country of Astoria. He had visited his hometown, Jayanagar, in India late last year to attend his brother’s wedding. After a brief stay, he returned to Astoria. Unfortunately, the marriage quickly deteriorated, and within months, his now-estranged sister-in-law, Mrs. Sunita Sharma, filed a First Information Report (FIR). The FIR was not just against her husband but included Mr. Verma, his parents, and even some distant relatives, levelling serious allegations of dowry harassment and domestic cruelty.

The Jayanagar police began their investigation by summoning all the family members residing in India to record their statements. They contacted Mr. Verma, who was in Astoria, through WhatsApp. In a subsequent message, the investigating officer instructed him to sign a written statement, scan it, and send it back along with copies of his passport and visa. The police also informed him that they would be approaching the Ministry of External Affairs and the Astorian embassy in India to formally serve him a copy of the FIR. This situation has left Mr. Verma deeply concerned about his legal standing as a new Astorian citizen and the potential ramifications of complying with the police’s demands.

Advice in such cases

• Remain Calm and Do Not Ignore Communication: While receiving such a notice is stressful, panicking can lead to poor decisions. Do not ignore communications from the police, even if they are informal like a WhatsApp message. Ignoring a summons can lead to adverse legal consequences, including the issuance of a Look Out Circular (LOC) or a non-bailable warrant.
• Seek Anticipatory Bail: If you fear arrest upon visiting India, you can file for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This can be done through a lawyer in India, even in your absence, by executing a Power of Attorney.
• Petition to Quash the FIR: Often in such matrimonial disputes, distant relatives living abroad are named in the FIR without any specific allegations or evidence of their involvement. You can file a petition in the High Court under Section 529 of the BNSS to have the FIR against you quashed. Your travel documents proving you were not in India during the alleged period of cruelty are crucial evidence.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Matrimonial disputes involving such allegations typically invoke the following legal provisions under the new Indian criminal laws:

• Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with cruelty inflicted upon a woman by her husband or his relatives, which is the successor to the widely known Section 498A of the IPC.
• Section 86 of the BNS: Pertains to dowry death, a serious charge that can be applied if a woman dies under unnatural circumstances within seven years of marriage and was subjected to dowry-related cruelty.
• Section 4 of the BNS: This section establishes the extra-territorial jurisdiction of the BNS, meaning Indian laws can apply to offences committed by any citizen of India outside the country or any person on a ship or aircraft registered in India. Even as a foreign citizen, if the alleged offence or a part of it occurred while you were in India, you fall under the jurisdiction of Indian courts.
• Procedural Law: The entire process of investigation, bail, and trial is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

If you are the complainant

• Be Specific: When filing a complaint, provide specific details about each person’s role in the alleged offence. Vague and omnibus allegations against the entire family can weaken your case and may lead to the proceedings being quashed against those who were not directly involved.
• Preserve Evidence: Securely keep all evidence, such as text messages, emails, call recordings, photographs, or witness accounts, that support your claims of harassment or dowry demands.
• Cooperate with the Investigation: Provide the police with all the information and evidence they require to build a strong case.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Gather Exculpatory Evidence: Immediately collect all evidence that proves your innocence. For an NRI or foreign citizen, the most critical evidence includes your passport with entry/exit stamps, flight tickets, visa documents, and proof of employment or residence abroad that establishes you were not in India when the alleged incidents took place.
• Do Not Share Documents Without Counsel: Do not send copies of your passport or other sensitive documents to the police without first consulting your lawyer. Your lawyer will guide you on the appropriate legal response.
• Execute a Power of Attorney: You can appoint a trusted family member or friend in India as your representative through a legally executed Power of Attorney. This allows them to hire a lawyer on your behalf and handle the initial legal formalities without you having to travel to India immediately.

How the police behave in such cases

In cases of matrimonial cruelty, police often adopt a standard procedure. They tend to include all family members named by the complainant in the initial FIR, regardless of their location or the specificity of the allegations against them. The use of WhatsApp for initial contact is a common, albeit informal, practice to establish communication. The threat of involving embassies and the Ministry of External Affairs is a tactic used to pressure individuals living abroad to cooperate with the investigation. Police have the authority to issue a Look Out Circular (LOC), which can result in your detention at an Indian airport if you travel to the country. The investigation’s quality can vary, but the initial approach is often to cast a wide net.

FAQs people normally have

Can the police legally contact me on WhatsApp for an investigation?
Yes, courts have recognized electronic communication, including WhatsApp, as a valid mode of serving notice in certain contexts. While it’s common for initial contact, a formal notice under Section 35 of the BNSS (Notice of appearance before police officer) should ideally be served through official channels, especially for individuals residing abroad.

What are the consequences of sending a copy of my foreign passport?
Sending a copy of your new foreign passport confirms your change of citizenship and provides your current details to the Indian authorities. This allows them to use formal international channels like a Mutual Legal Assistance Treaty (MLAT) or Letters Rogatory to request assistance from your country’s government. This process is complex and time-consuming but can be initiated.

To what extent will my new country’s embassy get involved?
If Indian authorities notify your embassy, its role is generally limited to consular assistance. They will ensure that you are aware of your rights, have access to legal counsel, and are not being subjected to any human rights violations. However, they will not interfere with the Indian judicial process or defend you in court. Their primary role is to ensure due process is followed.

What evidence is required?

For an accused person residing abroad, the most crucial evidence is anything that establishes your alibi. This includes:

• Your passport showing immigration stamps for entry and exit from India.
• Flight tickets and boarding passes for your travel to and from India.
• Proof of employment or residence in the foreign country, such as an employment contract, utility bills, or a rental agreement.
• Any communication (emails, messages) with the complainant or other family members that can challenge the allegations made in the FIR.

How long will the investigation take?

Investigations involving individuals abroad are inherently complex and can be very time-consuming. It can take several months, or even years, for the police to conclude their investigation and file a chargesheet (final report). The timeline depends on factors like the cooperation of the accused, the need for international legal assistance, and the investigating agency’s workload. The subsequent court trial is a separate, lengthy process that can also extend for several years.

Advocate Sudhir Rao, Supreme Court of India