Leenc 01 September 2016

Do i need to come in person to file f.i.r

I am US citizen but I was s*xually and emotionally abused when I was child and was in India.
This was in year 1988. (Yes I am aware that this is an old matter but I believe there is no statue of limitation for criminal matters like abuse)

I and family who abused me were living in Shahpur at that time and crime occurred in Shahpur as well. Now that abusive family is also in USA.

Could you please advise me if I need to come physically in person to file F.I.R.
I am currently studying and it will be very difficult to come in person.

Can I send a complaint via email or postal mail?

If not can I hire a lawyer who will file a complaint on my behalf?

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6 Replies

KS Johal 02 September 2016

Autohide4u you have given good advice.

KS Johal 02 September 2016

Autohide4u you have given good advice.

Leenc 02 September 2016

Autohide4u thanks for detailed resonse.

Can you please explain why you said ...it will take several hearings?

Do I have to be physically present at all hearings?

Sudhir Kumar, Advocate (Advocate) 02 September 2016

fully agreed.

Also how do you think that your statement can be registered and accused be identified in your absenc eand how your medical examination could be conducted?

so better come down to India with plan of a few years stay or frequent visit(may be monthly bi-monthly).

Leenc 02 September 2016

Autohide4u ...thanks again...

It seems quite a stressful job for both me and a lawyer.

Well I contacted local law enforcement authorities where this family resides but I was told to file a criminal complaint in India because that is where this abuse happened.

Further, I contacted civil lawyers here for compensation they would like to know statues (laws) applies to this case in India ( IPC) and than they can compare laws here in USA (where perpetrators reside ) and once they find common laws than they can use those common laws to brig a lawsuit here in USA.

Civil lawyer here also added that filing a criminal complaint in India is not necessary to file a civil lawsuit here in USA but it can help but looking at the stress you described ...I have second thoughts.