Quick Answer: Can A Foreigner File A Criminal Case In India?

How do I file a criminal case in Indian court?

You can send your complaint in writing and by post to the Superintendent of Police concerned.

If the Superintendent of Police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be made.

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You can file a private complaint before the court having jurisdiction..

Does Article 14 apply to foreigners?

The protection of Article 14 applies equally to both citizens and foreigners. … The Accord deems any person who cannot prove his ancestry beyond March 24, 1971 as an alien. It does not differentiate on the ground of religion in this aspect.

Is Article 14 available to foreigners?

Article 14 guarantees equality to all persons, including citizens, corporations, and foreigners. Its provisions have come up for discussion in the Supreme Court in a number of cases and the case of Ram Krishna Dalmia vs Justice S R Tendolkar reiterated its meaning and scope as follows.

What happens if a foreigner commits a crime in India?

You may be subject to an INTERPOL notice. Indian criminal law is applicable to both citizens of India and foreigners who commit crimes within the territory of India. … The police officer making the arrest must communicate the full particulars of the offence for which the arrest is being made.

Can I leave the country with a pending court case in India?

Unless the court has restrained you from travelling abroad you are at liberty to travel. The mere filing of the case, without being coupled with a restraint order from the court, does not prevent the accused from going out of India. However, it depends on the conditions on which your bail was granted.

Which right is not given to foreigners?

Prohibition of discrimination on grounds of race, religion, caste, sex or place of birth and protection of language, script and culture of minorities are not available to foreigners.

What is a civil case in India?

Civil cases involve a conflict between people or institutions, generally over money. A civil suit begins when a legal person claims that he has been harmed by the actions of another person or business and asks the court for relief by filing a “complaint”.

Who is foreigner in India?

The Act defines a foreigner as ”a person who is not a citizen of India”. Section 9 of the Act states that, where the nationality of a person is not evident as per preceding section 8, the onus of proving whether a person is a foreigner or not, shall lie upon such person.

What is Form C India?

When should a host submit a Form C (“C-Forms”)? Any person hosting a foreign guest for monetary consideration in India, even for a few hours, should submit C-Forms. … The C-Form mechanism helps the authorities locate and track foreigners in India to enhance security and safety.

Can I go abroad during divorce case in India?

Yes, one can travel abroad generally it is specified by the court if the person can travel abroad while the case is pending in India. The court can also confiscate the passport if it does not want you to leave India while the case is still in process.

Can a convicted person get passport in India?

Answer: The legal position with regard to issuance of a passport to a person who is at present facing a criminal case (but, not yet convicted) in India is as under. (c) refuse to issue the passport or travel document or, as case may be, refuse to make on the passport or travel document any endorsement.”

Can a foreigner file a case in India?

Under Civil law foreigners may file a case against anybody in India in a Court of competent jurisdiction with prior permission of the Central Government. Section 83 of the Code of Civil Procedure entails the provision to do so: … When aliens may sue.

Can I sue someone in India?

Under the civil procedure code, a foreign sovereign can be sued in the Indian court only with the consent of the central government. If the foreign sovereign has instituted a suit in the court against the applicant.

Is IPC applicable to foreigners?

 The Supreme Court, however, held as follows: (a) A foreigner who commits an offence within India is guilty and can be punished as such without any limitation as to his corporeal presence in India at the time. (b) Section 2, IPC applies to a foreigner, who has committed an offence within India.

How do I file a case against an NRI?

NRI Complaints. All NRIs who have any complaint against an individual or an authority in India can submit a petition detailing their grievances to the Consular Wing. The same is then forwarded to the appropriate authority in India for redressal.

Is Article 21 available to foreigners?

The Fundamental Rights guaranteed by Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to all persons whether citizens or foreigners.

Can I file a case without a lawyer in India?

Section 32 of the Advocate’s Act clearly mentions, the court may allow any person to appear before it even if he is not an advocate. Therefore, one gets the statutory right to defend one’s own case through Advocate Act in India.

Can foreigners live in India?

India makes it very difficult for foreigners to stay in the country on a permanent basis. … Slightly over two-thirds of expats in India (68%) say it is easy to live in the country without speaking the local language.