Table of Contents
Introduction
One of the most common concerns I hear from NRI’s is:“Sir, I live in Canada/USA/UK. Someone cheated me in India. How can I file a police complaint without travelling to India?”
It is true that NRI’s are soft targets for the people with criminal intentions/mindset because of the practical difficulty being faced by the NRI’s abroad but that does not mean that the access to justice is effectively denied to the NRI’s. Whether it’s property fraud, online scams, dowry harassment, or forgery of your Power of Attorney, there are clear legal remedies available.
In this blog, I will explain in layman’s language step by step; based on real casework; how NRIs can file a police complaint in India from abroad, which provisions of the BNS (Bharatiya Nyaya Sanhita, 2023) and BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023) apply, and the most effective way to get results.
Can NRIs File FIR From Abroad?
Yes. In my practice, I have handled multiple cases where NRIs sitting in California, Toronto, London, or Melbourne were successful in getting FIR’s registered against the accused persons in Punjab, Delhi, and Mumbai etc without boarding a flight or without even the need to travel to India. The most important aspect to be taken care of in the above scenario is the appointment of the SPA (Special Power of Attorney) in India. I have explained in detail regarding the importance of the SPA in the previous blog and the link has been attached below.
What Is a Special Power of Attorney (SPA) and Why is an SPA Necessary for NRIs
The law provides three main legal channels for the registration of FIR:
- Online complaint portals (state police websites, cybercrime.gov.in).
- By filing complaint before the Magistrate under Section 200 CrPC.
- By seeking a Magistrate-ordered investigation under Section 175(3) BNSS [previously Section 156(3) CrPC].
1. Online Police Complaint Portals
Many states for example, Punjab allow NRIs to file complaints online and upload details of the offence, attach supporting documents, and get an acknowledgement instantly.
Case insight: One UK-based client lost money in a Power of Attorney fraud. We filed complaint through the Punjab Police portal, got an electronic acknowledgement the same day, and later used it as documentary evidence before the Magistrate or other proceedings of the concerned courts.
Online complaints are only the beginning. For serious matters, an advocate’s intervention is critical.Your lawyer drafts a comprehensive complaint, mentioning the critical/relevant facts and circumstances of the case and thus citing relevant BNS provisions like cheating (318), criminal breach of trust (316), and forgery (337–338) as applicable. It is imperative to note that the first complaint forms the foundation of your case and it this first original complaint which can make or break your case.
In Punjab, the NRI Commission at Chandigarh is a unique forum. I have personally seen it expedite police action in cases where local police was hesitant. Similarly the same forums are being formed by other states for the benefit of the NRI’s.
Case insight: A Canada-based family approached us after their ancestral property in Jalandhar was illegally sold. By filing both with the police and the NRI Commission, we secured an FIR and stopped further fraudulent transfers along with getting stay on the property concerned from the court of competent jurisdiction.
2. Criminal complaint before the Magistrate (Section 200 CrPC)
If the police fail to act, your lawyer can file a criminal complaint under Section 200 CrPC before the Magistrate. The Magistrate examines the complaint and may record your statement via affidavit(to be filed by your SPA) or video conference(in rare cases).Once cognizance is taken, the accused can be summoned even without police involvement.
This route is powerful because it places your matter directly under judicial supervision but this legal remedy can only be availed if the police has failed miserably to take any concrete action on your earlier complaint/s.
3. Magistrate-Ordered Investigation ; Section 175(3) BNSS
Sometimes, despite evidence, the police resist due to various external factors. That’s when we move under Section 175(3) BNSS.
This section empowers the Magistrate to order police to register an FIR and investigate.
Case insight: , An NRI client in Hoshiarpur whose land was usurped approached us regrading this matter. He had been going from pillar to post with his complaint’s but the police was not taking any action. The Magistrate, after reviewing our petition filed under Section 175(3), ordered the concerned SHO to register an FIR within 15 days and thus the police had no choice but to comply.
Common BNS sections invoked in NRI Complaints
In NRI-related cases, these BNS provisions are most relevant:
- Section 316 – Criminal breach of trust
- Section 318 – Cheating
- Section 337–338 – Forgery of documents / valuable securities / POA
- Section 351 – Criminal intimidation
- Section 85–86 – Cruelty by husband or relatives (successor to IPC 498A)
Conclusion
For filing the complaint or FIR from abroad, one must go through the proper legal channels and thus pursue the complaint with due diligence. In today’s world, Justice is not easy to get but having said that Justice is always delivered to those who tend to follow the right path rather than pursuing/moving vague complaints through improper channels.
FAQs
Q1. Can I file an FIR from abroad without visiting India?
Yes. Through online portals or your advocate, FIRs can be registered while you are abroad.
Q2. What if the police refuse to register my complaint?
Your lawyer can approach the Magistrate under Section 175(3) BNSS, compelling the police to act.
Q3. Do I need to appear personally in court?
No. The entire case proceedings can be handled by your advocate and or your Special Power of Attorney (SPA) depending upon the facts and circumstances of each case.
Q4. Is the NRI Commission’s order binding?
It has persuasive authority and directs officials, but for prosecution, the police and judiciary remain key.
Q5. Which crimes do NRIs face most often?
Property fraud, financial cheating, cyber scams, dowry harassment, and forgery of Power of Attorney documents.
Author Bio
Adv. Jaspreet SinghBenipal, (B.A., LL.B., LL.M.) Advocate On Record (AOR), Punjab & Haryana High Court.