NRI's and Related Offences (Part 1)

                  Ministry of Overseas Indian Affairs which works under the Government of India is meant to guide the overseas Indians across the world and to strengthen the bond between India and overseas Indians, address their concerns and problems and benefit them from the opportunities in rapidly growing economies. There are approximately 25 million overseas Indians across the world. The overseas Indians consists of the Non-resident Indians (NRI)  and Persons of Indian Origin (PIO).These terms can be explained as :

Non-resident Indian (NRI) :

                   Non-resident Indian (NRI) is a citizen of India having Indian passport who is living in some other country temporarily for at least six months or more than six months for work or some other person.In legal terms it can be explained as a person who stays in India for at least 182 days in a year or 365 days in four consecutive years, is called resident of India. If any person does not meet the above criteria, is called Non-resident of India (NRI) in terms of Income-tax.

Person of Indian Origin (PIO) :

                       Person of Indian origin (PIO) is a person of Indian origin whose ancestors were born in India but is a citizen of some another country and not a citizen of any country specified by Government of India from time to time. Indian Government issues PIO-card to eligible persons. PIO-card is itself treated as visa.

                Persons who have temporarily gone to another country or have settled permanently when return to their motherland, face litigation or complaints or they are indulged in crime. As a victim of the crime or complainant of a case,a number of facilities have been provided by the the Government to facilitate them by providing them phone numbers and audio/video talks facility through Internet in different states of the country from where they can communicate and can convey their problems/suggestions.

                    As accused of cases, where such person commits crime in India and tries to escape, the court can restrict him to leave the country, till the decision of the case. If he is able to manage to leave the country after committing a crime, he can be brought back to India by different provisions of law/treaties/schemes made by India with foreign countries.

                      A person can be accused or victim of different types of crimes/offences. If offence is committed in India, case will be tried as per Indian laws. If crime is committed outside India and is concerned with India, will be tried as per the concerned  country. More than 95% cases concerned with NRI's are registered under (except civil cases) following section of the the Indian Penal Code and other laws :

Marriages :

                         When a marriage is contracted between an Indian woman from India and Indian man residing temporarily in some other country (NRI) without any verification or very little/casual verification.Legal complications get multiplied due to borders of the countries and difference in the legal system of the countries. The provisions of criminal law under which such cases are registered in India are :

Husband or relative of husband of a woman subjecting her to cruelty : If husband or his relative subjects such woman to cruelty (mental or physical) commits an crime u/s 498A of the Indian Penal Code

Dowry death : If death of a woman occurs, except normal normal circumstances, within 7 years of his marriages and it is shown that she was subjected to cruelty soon before her death by husband or his relatives  in connection with any demand of dowry and case u/s 304B is registered.

Abetment to suicide : If any woman commits suicide and it is shown that she was subjected to cruelty, court may presume that she has been abetted to commit suicide and case is tried u/s 306 of the Indian Penal Code.

                      There are some other sections of the Indian Penal Code in which direct complaint can be filed in the court :

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage : A case u/s 493 can be tried in the court against accused .

Marrying again during lifetime of husband or wife : A case u/s 494 of the Indian Penal Code can be filed against the accused.

Same offence with concealment of former marriage from person with whom subsequent marriage is contracted : A case u/s 495 of the Indian Penal Code can be filed in the court against the accused.

Marriage ceremony fraudulently gone through without lawful marriage :  A case u/s 496 of the IPC can be filed against the accused.

Note : All above mentioned sections are cognizable in Andhra Pardesh and FIR can be registered in a police station.

                  A number of directions/guidelines have been issued by the Hon'ble Supreme Court of India regarding this sensitive issue of  such marriages. National Commission for Woman is also continuously working on this issue of so called NRI marriages through seminars and conferences/meeting with Government of India.  

Fraud/Cheating :

                    A lot of cases have been of illegal emigration/immigration have been registered when rackets involved in such activities offer the the innocent persons to send to the foreign country for work or for some other purpose and cheat them.

                 Similarly many cases registered when properties of many persons who are staying abroad are graved by their relatives or by other persons in India fraudulently. Such cases are mostly registered in following sections of the Indian Penal Code :

Cheating by personation : When someone knowingly substitute one person for another or represent himself as real person, case u/s section 419 is registered along with other sections of law.

 Cheating and dishonestly inducing delivery of property : A case u/s 420 of the Indian Penal Code (IPC) is registered or this section is added with other sections.

Forgery of valuable security, will etc : When some documents forged as valuable security or will, section 467 of  the IPC  is added to the sections in the FIR.

Forgery for the purpose of the cheating : If the document or record is forged for cheating, a case is registered u/s 468  of IPC or this section is added to the FIR.

Using as genuine a forged document or record : A case u/s 471of the IPC is registered or this section is added with the other sections of the FIR.

 Criminal conspiracy : When a person is a party to the criminal conspiracy to commit crime, section 120B of the IPC is added with other sections of FIR.

Criminal trespass : When some person enters into the property of other person with criminal intention, a case u/s 447 is registered against the accused.

House-trespass : When some person enters into others building or tent or vessel used to live or worship etc, a case u/s 448 is registered against the accused.

                    Whenever a person commits any of the crime mentioned above in India, cases are registered in India in the concerned police stations and are tried in the court and accused are punished if held guilty as per Indian Justice System. If any person commits crime in India and manages to escape from here after committing crime, or conspires the commitment of crime in India, he can be brought to India for the purpose of Investigation or trial. The person involved in any crime in India and staying in another country can be brought back with the help of INTERPOL Wing of the Central Bureau of Investigation (CBI) by following a procedure laid down in Indian law and treaties made by Indian Government with other countries which  will be discussed in our next post.