Facing a Criminal Case in India While Living Abroad

First, establish the facts

Before returning to India or giving any statement, obtain a copy of the FIR or complaint, the police station and case number, and the stage of investigation. FIRs can usually be downloaded from the state police portal unless withheld for sensitive offences.

Anticipatory bail

An NRI may apply for anticipatory bail under Section 482 BNSS through counsel in India. Courts may ask for an undertaking to join investigation and appear when required, and may impose conditions on travel. Timing matters: an application is usually more credible when the person is ready to return and cooperate.

Look Out Circulars

A Look Out Circular (LOC) can lead to being stopped at an airport. LOCs are issued under Ministry of Home Affairs guidelines, not a statute, and are meant for cognizable offences or where a person is evading arrest or trial. High Courts have quashed LOCs issued mechanically in purely matrimonial or civil disputes. A writ petition is the usual remedy.

Appearance during trial

• Exemption from personal appearance may be sought on suitable grounds, with appearance through counsel
• Courts increasingly allow appearance by video conference
• Personal presence is usually required at key stages such as framing of charge and the accused's statement
• Non-appearance without permission can lead to warrants and proclamation proceedings

Matrimonial FIRs against NRIs

Many such cases arise from matrimonial disputes. The Supreme Court's guidance in Arnesh Kumar v. State of Bihar (2014) on arrest in offences punishable up to seven years applies. Settlement, mediation and quashing before the High Court may be possible depending on the offence and the facts.