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

Mr. Rohan Mehra, an Indian citizen currently residing in Canada, found himself in a difficult position. He was trying to keep track of a family property dispute case filed in the Anandpur District Court. While he could easily access the website for the State High Court, the district court’s website was consistently inaccessible from his location, leading to a “timed out” error. This left him feeling anxious and disconnected from the legal proceedings that were crucial for his family. He was concerned about why a government website would be blocked for overseas users and what alternative methods he could use to get regular and reliable updates on his case.

Advice in such cases

Many Non-Resident Indians (NRIs) face this issue. Often, local and district-level government websites in India, including those of district courts, are geo-restricted. This is a security measure to prevent international cyber-attacks. Here is what you can do:

• Use a Virtual Private Network (VPN) and connect to a server located in India. This often bypasses the geo-restriction and allows you to access the website as if you were in the country.
• The most reliable source of information is your local counsel. Your lawyer is physically present to check the case status, obtain certified copies of orders, and provide you with accurate updates.
• Empower a trusted family member or friend in India with a specific Power of Attorney. This allows them to liaise with your lawyer and follow up on the case on your behalf.
• Try using the official e-Courts mobile application, which might have different accessibility protocols than the website.
• 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

The inability to access a website is a technical issue, but the underlying case is governed by Indian law. For a property dispute, several laws may apply:

• If the dispute involves elements of cheating or fraud, provisions of the Bharatiya Nyaya Sanhita (BNS), such as Section 318 (Cheating), may be relevant.
• If there are allegations of forged documents, such as a fake will or sale deed, Sections 333-335 of the BNS concerning forgery will apply.
• The entire court procedure, from filing the case to summons, evidence, and judgment, is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS) for criminal matters and the Civil Procedure Code for civil suits.
• The admissibility of electronic records, such as emails or digital documents, is governed by the Bharatiya Sakshya Adhiniyam (BSA).

If you are the complainant

As the person who has initiated the case (the complainant or plaintiff), your role is proactive.

• 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.
• Maintain a clear and open line of communication with your lawyer. Schedule regular calls for updates.
• Keep a digital and physical file of all case-related documents, including petitions, court orders, and evidence.
• If you are overseas, ensure your lawyer has clear instructions and the authority to act on your behalf. A Power of Attorney is essential for this.

If you are the victim

If you are the aggrieved party whose legal rights have been violated, it is important to be diligent.

• 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.
• Ensure you have provided your lawyer with all the facts and evidence without holding anything back.
• Understand the legal remedies available to you. Your lawyer can explain the strengths and weaknesses of your case.
• If a criminal act like trespassing or forgery is involved, ensure a First Information Report (FIR) is filed promptly and correctly at the local police station.

How the police behave in such cases

In civil property disputes, the police have a very limited role. They do not interfere unless a court order directs them to do so, or if a specific criminal offense is reported.

• If a criminal complaint (FIR) related to the property, such as criminal trespass, intimidation, or forgery, has been filed, the police are mandated to investigate under the procedures laid out in the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• The investigation involves collecting evidence, recording witness statements, and apprehending the accused if necessary.
• Upon completion, the police will file a final report (chargesheet) before the court. The efficiency and approach of the police can vary, and your lawyer can guide you on how to follow up with the concerned police authorities.

FAQs people normally have

Here are some frequently asked questions from individuals facing similar situations.

• Why is the district court website blocked?
  This is typically a security measure known as geo-fencing, implemented by IT departments to protect the digital infrastructure from foreign cyber threats. It is not intended to inconvenience legitimate users but is a common practice for smaller government portals.
• Can I participate in court proceedings from abroad?
  Yes. Indian courts, under the BNSS and Civil Procedure Code, are increasingly allowing parties and witnesses to appear and give evidence through video conferencing, subject to the court’s permission. You must file an application for this through your lawyer.
• Is my case not progressing if the website is not updated?
  The online case status is an auxiliary service. The actual case progression happens within the courtroom on the date of the hearing. The most accurate information will always be with your lawyer who attends the court.
• How can I sign legal documents from another country?
  You can sign documents like a Power of Attorney or affidavits and have them attested or apostilled by the Indian Embassy or Consulate in your country of residence, which makes them legally valid in India.

What evidence is required?

For a property dispute, the primary evidence includes:

• Original title documents (e.g., Sale Deed, Gift Deed, Partition Deed).
• Revenue records, such as mutation entries and land tax payment receipts.
• A survey plan or map of the property.
• Correspondence between the parties, if any.
• If forgery is alleged, reports from a forensic handwriting expert.
• Testimonies of witnesses who have knowledge of the property’s ownership history.

How long will the investigation take?

This depends on whether the case is civil or criminal.

• Criminal Investigation: If an FIR has been filed, the police investigation under the BNSS can take anywhere from a few months to over a year, depending on the complexity, number of accused, and evidence to be collected.
• Civil Case Trial: A civil suit does not have a police “investigation.” The process involves stages like filing of the suit, summons to the other party, filing of a written statement, framing of issues, evidence, arguments, and finally, judgment. A property dispute in a District Court can take several years to reach a final decision due to the backlog of cases and procedural requirements.

Advocate Sudhir Rao, Supreme Court of India