Legal Question in Criminal Law in India

proclaimed offender

my wife filed a 498-A complaint against me and my brother.i am a NRI and my brother lives in india. my brother got arrested by police and obtained bail from magistrate/lower court. after obtaining bail from the court, my brother came to USA with out court permission. there is no condition in his bail order stating that he should not leave he is not attending the court, the magistrate issued NBW against my brother.the magistrate also issued notices to surities .the surities expressed their inablity to produce my brother before the court and paid surity amount to court. police are in the process of issuing red corner notice against my brother. in this situvation, can the court declare my brother as proclaimed offeder and seize my brother property in India? .

Asked on 6/04/09, 2:33 pm

5 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: proclaimed offender

Besides declaring him PO, the court may also issue appropriate "advice" to US authorities to arrest the accused and produce him in th court for facing trial.

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Answered on 6/05/09, 9:01 am


Re: proclaimed offender

yes the court can declare him proclaim offender and can also attach his properties

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Answered on 6/05/09, 12:22 pm

Re: proclaimed offender

Yes. We can get you out from this situation. our firm has expets in this issue.

For detailed query Feel Free to Contact at

[email protected]

M: 09814110005

Regional office Chandigarh

We deal cases in the courts all over India.

We strive for your rights.

Good Luck.

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Answered on 6/08/09, 3:43 am
Shrichand Nahar S.V.Nahar, Advocate

Re: proclaimed offender


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Answered on 6/05/09, 1:28 am
Pranav Desai PD Legal & Associates

Re: proclaimed offender


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Answered on 6/05/09, 7:00 am

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