Criminal defence for NRIs: FIR quashing, bail and trial

Anticipatory bail

BNSS s.482 (old CrPC s.438)

Quashing

BNSS s.528 (old CrPC s.482)

New codes in force

From 1 July 2024

File from abroad

Yes, through counsel

The new criminal codes in brief

Since 1 July 2024 three statutes have replaced the colonial-era codes: the Bharatiya Nyaya Sanhita (BNS) in place of the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita (BNSS) in place of the Code of Criminal Procedure, and the Bharatiya Sakshya Adhiniyam in place of the Evidence Act. Offences committed before that date continue under the old law, so many pending cases still cite IPC sections. The substance of most offences is unchanged; section numbers are different.

Changes that matter to people abroad include formal recognition of electronic summons and video-conferenced proceedings, the possibility of trial in the absence of a proclaimed offender, registration of an FIR at any police station irrespective of where the offence occurred, and wider powers to attach property.

Why NRIs are named in FIRs

• Matrimonial disputes. Cruelty and dowry allegations against the husband and his family. See domestic violence and 498A cases.
• Property disputes. Cheating, forgery or criminal breach of trust alleged by a co-owner, buyer or relative to gain leverage in a civil matter.
• Business and money disputes. Complaints by partners, investors or lenders, and cheque dishonour cases.
• Company directorships. Liability fastened on directors for defaults of a company they no longer manage.
• Immigration and recruitment complaints under the Emigration Act and cheating provisions.

The Supreme Court has repeatedly deprecated the use of criminal process to settle civil scores, and that principle is the backbone of most quashing petitions.

Anticipatory and regular bail

Anticipatory bail is a direction that if you are arrested you shall be released on bail. It is sought from the Sessions Court or High Court having jurisdiction over the police station. The court weighs the nature of the accusation, your antecedents, the likelihood of your fleeing and whether custodial interrogation is genuinely needed. An NRI's residence abroad is not by itself a ground to refuse; courts commonly impose conditions such as joining the investigation on given dates, depositing or not surrendering the passport as the case requires, and furnishing an undertaking to appear.

For offences punishable up to seven years, police are expected to issue a notice of appearance instead of arresting, following Arnesh Kumar v. State of Bihar (2014) and section 35 of the BNSS. Where arrest has occurred, regular bail is applied for at once. We also apply for permission to travel abroad during trial and for return of an impounded passport.

Quashing the FIR or proceedings

The High Court's inherent power, now in section 528 of the BNSS, allows it to quash an FIR, charge sheet or summoning order to prevent abuse of process or secure the ends of justice. The classic categories were set out in State of Haryana v. Bhajan Lal (1992): where the allegations taken at face value disclose no offence; where they are absurd or inherently improbable; where there is a legal bar to prosecution; and where the proceeding is manifestly malicious and instituted for wreaking vengeance.

Quashing is also granted where the parties have settled a dispute that is essentially private, including matrimonial and commercial cases, even if the offence is not formally compoundable. Pending the petition, the court can stay arrest and investigation. A well-prepared petition annexes the civil pleadings, correspondence and documents that show the true nature of the dispute.

Summons, warrants and proclaimed offenders

If you do not respond to summons, the court issues a bailable and then a non-bailable warrant, and may proclaim you as an absconder under section 84 of the BNSS and attach your property under section 85. A proclamation supports a look out circular, passport revocation and, in serious cases, an extradition request. The BNSS also permits trial and judgment in the absence of a proclaimed offender in specified circumstances.

All of this is avoidable. A person abroad can enter appearance through counsel, seek exemption from personal attendance under the Sanhita, be examined by video link, and challenge orders already made. If you have already been proclaimed, the order can be recalled on showing that summons were never properly served.

Mistakes that cost NRIs time and money

• Ignoring summons because "it is a false case".
• Travelling without checking for warrants or a look out circular.
• Contacting the complainant directly in a way that can be called intimidation.
• Not preserving travel records that prove absence from India.

A typical situation

If you live in...

The Indian law is the same wherever you live. These are the points that differ by where you are.

Detailed country pages for this service: FIR Quashing and Bail in India: Canada NRIs, FIR Quashing and Bail in India: Qatar NRIs

Documents you will need

Send whatever has reached you; we obtain the rest from the court and police.

• Copy of FIR, complaint or summons
• Passport and visa or residence permit
• Travel record around the alleged dates
• Documents showing the underlying civil dispute
• Messages and emails with the complainant
• Details of earlier cases between the parties
• Any notice from police or court
• Proof of address abroad for service

How we handle it for you

1. Case retrieval

   We obtain the FIR, status of investigation and any warrants or circulars already issued.

2. Protection from arrest

   Anticipatory bail or interim protection is sought before you travel.

3. Engagement with investigation

   You join the investigation as directed, in person or remotely, with counsel's guidance.

4. Quashing or discharge

   A petition to quash, or an application for discharge, is filed where the case is untenable.

5. Trial or settlement

   Otherwise we defend the trial with exemption from appearance, or record a lawful settlement.

Frequently asked questions