Legal Question in Criminal Law in India

How to summon a NRI for criminal case?

Hi,

My brother visited my home last year and we had a fight during which he had hit me in my face. He went back to USA. I filed a criminal case on him and sent summons to him. The summons came back without served. I have his indian passport number and usa visa copy. I have a copy of his passport and visa. I know where he works and where he lives in USA. What should I do to make him come here to India and appear for the court proceedings? If he comes to India, how to make him stay in India itself till the case is resolved? What if he does not even comes back to India? Can we arrest him in USA itself and have him extradited here to India?


Asked on 5/21/07, 10:23 pm

3 Answers from Attorneys
Sachin Sangare Private Practise

Re: How to summon a NRI for criminal case?

First of all just apply for fresh summons to be sent to the accused person through the Indian Embassy at USA. Make an application under the provisions of Section 62 of the Code of Criminal Procedure 1973. This section provides that the summons can be served by police officer,or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant.

In your case make an appln to the Court for issuing summons to the Indian Embassy at USA directing them to serve the summons to the Accused.

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Answered on 5/22/07, 12:19 am
Shrichand Nahar S.V.Nahar, Advocate

Re: How to summon a NRI for criminal case?

Your brother can avail exemption from personal appearance and can conduct the case through his lawyer. He is not required to be present in Court. For petty matter like yours, extradition proceedings can not be initiated.

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Answered on 5/22/07, 7:50 am
G. M. Gupta gmguptaandassociates

Re: How to summon a NRI for criminal case?

you can get the summons served through indian embassy in usa but the issue is too trivial for extradition and all and he can be exempted too.

you will spend lot of money on it but may not get what u want.

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Answered on 5/22/07, 9:38 am


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