Guest (Guest) 16 May 2008

How a 'foreigner' who has alleged to have committed an offence in India, could be called for interrogation by the police at INdia?

Subject self-explanatory.

6 Replies

Prakash Yedhula (Lawyer) 17 May 2008

When the offence is comitted within the sovereign territories of India, it is the Indian police who who have the jurisdiction to investigate the offence.

Guest (Guest) 19 May 2008

Thanks, sir. In my recent case, the police authorities were reluctant to lodge the complaint against 'foreign national' (committed 'criminal breach of trust and fraud' against Indian company), stating that how could he be called for interrogation by police since he is living abroad. Case is still pending for want of clarifications;

Manish Singh (Advocate) 20 May 2008

this is a matter of international law and depends upon the bilateral treaty entered into by our Indian Govt. with other NATION 's Govt. This is a very complex issue and it still has not got resolved as to what should be the procedure when there is no treaty or pact exists between two countries. The only thing could be done is the court can issue warrant against them and send them to the embassy of the said country.

Ajay kumar singh (Advocate) 20 May 2008

Everythìng depends on the fact whether thdre is extradition treaty between the two countries. But the police can not refuse to lodge the case.

Manish Singh (Advocate) 23 May 2008

it does not only depend upon extradition treaty. Extradition treaty only includes exchange of accused or culprits. Some other bilateral traeties shall be in existence giving force and vality to the orders of foreign courts.

D.K.Sharma (Advocate Supreme Court of India) 20 June 2008

The court of Competant criminal jurisdiction has the power to issue Non-bailable Warrants against the accused may be national or foreignor. The warrants can be executed through Embessay. It also depends on the treaties and agreement between the countries. But no criminal can escape the law and can be punished the procedure may be little complicated.

How a 'foreigner' who has alleged to have committed an offence in India, could be called for interrogation by the police at INdia?

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