What to do when accused is absconding abroad?
2 years ago
Police are not arresting the accused in my cheating case (420) and are saying he is absconding. His phone is sometimes on and he is sometimes online on social media but police keep saying they are unable to track him. He is an NRI from US so it is possible he has fled to the US. I gave them his company address in the US also. Police are not putting look out circular or cancelling his passport either saying they could not get his passport number.
What can I do now? If he has left India how can I bring him back for the trial?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.This happens.
Ask court orders for phone records from mobile company.
First get him declared absconding from court.
After that there are 2 scenarios
If he not left India then his passport and travel can be hold after court declares him absconding.
Same orders will be sent to US embassy as well.
If he left India then its almost impossible to bring back.
But can be arrested after landing back in India.
Ask court orders for phone records from mobile company.
First get him declared absconding from court.
After that there are 2 scenarios
If he not left India then his passport and travel can be hold after court declares him absconding.
Same orders will be sent to US embassy as well.
If he left India then its almost impossible to bring back.
But can be arrested after landing back in India.
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A.Hello Sir/Ma'am
Once you have filed a compliant in the police then its the duty of the police to find that person and present him in front of magistrate. And if he is absconding then they could get a warrant from the court to not let that person abscond and seize his passport. It would be advised to request the magistrate to complaint against the police for not looking into the matter and also the senior officer of the police department.
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Please rate if you find this advice helpful.
Once you have filed a compliant in the police then its the duty of the police to find that person and present him in front of magistrate. And if he is absconding then they could get a warrant from the court to not let that person abscond and seize his passport. It would be advised to request the magistrate to complaint against the police for not looking into the matter and also the senior officer of the police department.
Thanks
Please rate if you find this advice helpful.
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A.Dear client,
There are scenarios where the clients are allowed to be released under certain protocols. But, continuously doing the same is a serious offence, especially during a criminal trial. If the reason behind such absconding is completely unknown by the court , you can use it in your favour.
Ask your lawyer to bring in attention of the learned judge.
Under section 512 of the IPC-
Evidence recorded in absence of the absconding accused may be used against him in
certain cases—Section 512(1) [Section 299 of new Code] provides that whenever it is proved
that an accused person has absconded and there is no immediate prospect of arresting him, any
Court competent to try or commit such person for trial for the offence complained or may, in his
absence, examine the witnesses produced for the prosecution and record their depositions, and
such depositions may, on the arrest of the accused person, be used in evidence against him, if the
deponent is dead or is incapable of giving evidence, or his attendance cannot be conveniently
procured. It is also to be noted in connection with this the Section 164 enables a Magistrate to
record, in the same manner as evidence, any statement regarding an offence made by an accused
person whomsoever it may implicate.
Ask your lawyer to take necessary steps.
Thank you
There are scenarios where the clients are allowed to be released under certain protocols. But, continuously doing the same is a serious offence, especially during a criminal trial. If the reason behind such absconding is completely unknown by the court , you can use it in your favour.
Ask your lawyer to bring in attention of the learned judge.
Under section 512 of the IPC-
Evidence recorded in absence of the absconding accused may be used against him in
certain cases—Section 512(1) [Section 299 of new Code] provides that whenever it is proved
that an accused person has absconded and there is no immediate prospect of arresting him, any
Court competent to try or commit such person for trial for the offence complained or may, in his
absence, examine the witnesses produced for the prosecution and record their depositions, and
such depositions may, on the arrest of the accused person, be used in evidence against him, if the
deponent is dead or is incapable of giving evidence, or his attendance cannot be conveniently
procured. It is also to be noted in connection with this the Section 164 enables a Magistrate to
record, in the same manner as evidence, any statement regarding an offence made by an accused
person whomsoever it may implicate.
Ask your lawyer to take necessary steps.
Thank you
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello Sir/Ma'am
Yes, you can file a complaint before Police or court ( in case police refuses to register the FIR) for cheating and other offence as per the facts and circumstances of the case etc. under appropriate sections of Indian Penal Code.
After the complaint it is the duty of the State to bring the culprit before the court for justice.
If he/she has not left the country yet then you are advised to immediately file the complaint because Police and Courts have ample powers to stop him/her to go to abroad by confiscating his/her passport etc.
Thanks
Please rate if you find this advice helpful.
Yes, you can file a complaint before Police or court ( in case police refuses to register the FIR) for cheating and other offence as per the facts and circumstances of the case etc. under appropriate sections of Indian Penal Code.
After the complaint it is the duty of the State to bring the culprit before the court for justice.
If he/she has not left the country yet then you are advised to immediately file the complaint because Police and Courts have ample powers to stop him/her to go to abroad by confiscating his/her passport etc.
Thanks
Please rate if you find this advice helpful.
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