Section 498A protects women whose husbands forcibly be it mental or physical extracted the illegal practice of dowry. But in recent years, there have also been amplified cases in which Section 498A has been misused by the bride.
If you are an NRI, already living outside the country and receive a notice at your given address that a criminal case under section 498A is pending against you.
In that situation what are the legal remedies available for you, how you can revoke your passport or How to get an order from the Court so that you can move outside the country and what counter cases or reply which you can also file when your wife files a false complaint under Section 498A of the IPC just to harass you or extort the money from you.
The main intention of filing a false 498A case when especially you are aNRI so that you cannot go outside the country.
In case, you are already outside the country they will force you by various means, by putting a complaint in the women’s cell to the external ministry that a fraud marriage has been done, money has been extorted. The main intention is to extort money in the name of the settlement.
In this article, you will get to know being NRI how to deal with a false 498A case, what problems you can face on coming back to India, Will your passport be impounded, how to get bail, how to file a complaint when your wife files a false complaint under Section 498A of the IPC just to harass you or extort the money from you and many more…
How to settle matters under Section 498A IPC without going to India?
Simply, give a Power of attorney to any relative or representative in India. He can take back cases or divorce on your behalf. Go back to India only after all the issues are settled.
What about a family member’s case under 498A if you are abroad?
Nothing can be spoiled of family members or of your parents. As no maintenance can be claimed from parents. They can give statements that due to threats you cannot come and all the allegations are false.
How to make a complaint when you come back to India after 498A is filed against you?
You have to make a complaint that a conspiracy is planned against you in which your wife and her family wanted to extort your money, that is why marriage is done and you have spent all the money in marriage.
Try to file a Complaint in higher offices, submit a copy of the complaint to the Court, and file a case. In honeytrap form, the bride’s family conspires to loot money from the groom. Make false allegation and files for divorce to extort more money.
What happens when NRI don’t join the investigation and counselling under the 498A case?
In that case, the police declare you absconding and file the charge sheet in Court. As a result, a Non-bailable warrant (NBW) is issued, and a lot more problems if you don’t come. A lookout circular will be issued against you.
On coming back, you can be arrested but can also get bail. But due to absconding, sometimes you may not get the bail easily.
Apply for anticipatory bail, clearly mentioning where you stay abroad, and what you do there. With bail, you can also take the court’s permission to go back abroad during the trial.
You have to give an undertaking to the Court giving detail of reasons to go back and mentioning the exact time when you will come back or whenever the Court will summon. On personal bond and surety, such a petition can be allowed. On non-appearance, the bank guarantee can be forfeited.
Can the passport of a NRI be impounded based on a complaint under Section 498A of the Indian Penal Code?
Sometimes, the court passes the order to impound the passport while granting anticipatory bail. You can appeal in the higher courts for such an order, because Section 10(3) of the Passport Act 1967, clearly says that only Passport Authority can impound the passport. Police or the Court has no power to impound it.
But section 104 of the CrPC, provides that the Court is empowered to impound any document. Any document which is produced before the Court can be impounded. But it nowhere provides specifically that passport of the person can be impounded by the Court.
The issue has been discussed by the Hon’ble Supreme Court in the case of Suresh Nanda and by the various High Courts. The common thing held in all the Judgements was that Police or the Court is not empowered to impound the passport of a person involved in a criminal case in India.
Seizing and Impounding is different. To seize means, they can keep the document for some time but impound means to seize for a long time or it can be permanently seized.
If the Court passes the order to impound a passport, such an order is technically wrong, you can file for relief in the High Court or Supreme Court, and you will get the relief.
Court or police can request passport authorities to impound your passport. And if Passport authorities find it appropriate, then in that case your passport may be impounded.
Passport renewal after 498A case?
If your criminal case under 498A is under trial, and your passport get expired, for how many months the passport can be renewed? It can be renewed for just one year, and that too with the permission of the Court as per the new guidelines of MHA.
If conditional anticipatory bail is granted to NRI in the 498A case
Sometimes, in anticipatory bail order, this is ascertained that you can go back to the foreign country where you work or study under some conditions. The conditions may be as follows.
Conditions
- That you will leave with the country with the permission of the Court
- Whenever you will go. You have to give accurate details to the court about departure and arrival. And proper information o the tickets and visa.
- An undertaking that you will come back
- Come back, whenever the investigation or the court needs your attendance.
If you forget to make such an application of permission with anticipatory bail. After the order of anticipatory bail also, you can make such an application in Court.
If you are asking for permission with proper documents, Cort will give you permission on the above-mentioned conditions.
What If 498A committed in a foreign country?
If the incidents mentioned in the FIR have taken place in a foreign country. The applicant and accused are citizens of that foreign country and not of India at that material time.
Where the offence is committed outside of India, Indian Court will have jurisdiction to punish the accused only if at the relevant time he is a citizen of India or if he is not a citizen of India, then he is on any ship or aircraft registered in India.
Since all the contingencies mentioned, IPC does not cover cases where both parties got foreign citizenship, provisions of the IPC would not be applicable to the applicant. Consequently, FIR will be quashed.
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