Are you an NRI accused of 498A ?

In many cases involving NRI husbands, the pattern is similar. The wife returns to India and files an FIR at a local police station. Often, the complaint is general—alleging harassment without strong details. After that, police start calling the husband for investigation. Courts have already warned against this misuse. In Arnesh Kumar v. State of Bihar, the Supreme Court said arrests should not be automatic in 498A cases.

Here are five simple things every NRI should do if falsely accused:

• Do not ignore the case completely

• Ask the police to allow Video Conference and show you are cooperating

• Appoint a lawyer immediately to represent you

• Check if any warrant or Look Out Circular is issued before travelling to India

• Apply for anticipatory bail at the earliest

If you follow these steps, arrest can usually be avoided. Courts have been clear on this. In Sushila Aggarwal v. State (NCT of Delhi), the Supreme Court strengthened anticipatory bail protection. Also, the Bombay High Court has observed that detention based on a Look Out Circular is similar to arrest. Such action must be justified and cannot be done casually.

At the same time, avoid common mistakes. Do not try to escape the investigation. Do not delay hiring a lawyer. Do not travel without checking your legal status. If a Non-Bailable Warrant is issued, you may not be allowed to leave India easily. If you ignore the case for too long, you can even be declared absconding. That can lead to serious consequences like a Red Corner Notice.

Think carefully before deciding to stay away from India forever. Why lose your freedom to return to your own country because of a false case? Handle it the right way, and early.

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