Toronto, Aug 30, 2008
Capt. Sunder Singh
NRIs traveling to India will never be safe if they involve in a
marriage dispute with Indian woman in India. One police report from
woman in India can put NRI in jail if report says that he had estranged,
harassed- both physically and emotionally, criminal intimidation
and cheating her even 5-10 years ago in India or in foreign land.
Once NRI arrested, he will be in the court NET next 5-10 years (or
never ends) unless settled out of the court by sacrificing great
chunk of money.
Large-Scale misuse of IPC Section 498A (dowry-law) in India is
also very dangerous law. Section 498 (A) of the Indian Penal Code
makes it mandatory for police to book husband and his parents and
other relatives/friends whoever being named on the complaint by
wife or her close relatives and jail them.
A clauses says that if a man ridicules, humiliates or abuses the
woman sexually or violates the dignity of the woman, he is subjecting
the woman of domestic violence
In USA, Half of all marriages end in divorce and over a million
couples split every year. Is estranged, harassed- both physically
and emotionally, criminal intimidation and cheating involve in all
cases?. Is dowry involve in other countries? Is Govt. involve in
all cases?. Their simple divorce would cost $2,000 at a minimum,
probably closer to $3,000.
In USA and Canada, arrest warrants are usually ONLY issued if the
officer can't find the accused.
There are various situations in which a person can be arrested
without warrant. The Code of Criminal Procedure 1973 provides for
some of these situations. Under Section 41 of the said Act prescribes
for many such situations which are discussed hereunder:
- i) a person who is concerned in any cognizable offence or against
whom a reasonable complaint has been made or credible information
has been received or reasonable suspicion exists of his having
been so concerned.
- ii) if a person is found in possession of any implement of
house braking without lawful excuse .
- iii) if a person is proclaimed offender .
- iv) if a person is found in possession of a property suspected
to be stolen and there is reasonable suspicion of his committing
- v) if a person obstructs a police officers in execution of his
duty or has escaped or attempts to escape from lawful custody.
- vi) if a person is reasonably suspected of being a deserter
from any Armed forces of the Union.
- vii) a person against whom a reasonable complaint has been made
or credible information has been received or reasonable suspicion
exists of having been concerned in any act committed outside India
which would have been a punishable offence in committed in India
and for which he is under any law relating to any extradition,
or otherwise, liable to be apprehended or detained in custody
- viii) a person who, being a released convict, commits a breach
of any rule made under sub-section (5) of Section 365.
- xi) a person for whose arrest any requisition, whether written
or oral, has been received from another police officer, provided
that the requisition specifies the person to be arrested and the
offence or other cause for which the arrest is to be made and
it appears there from that the person might lawfully be arrested
without a warrant by the officer who issued the requisition.
- Under Section 42 0f the said Act any person can be arrested
who, in the presence of a police officer, has committed or
has been accused of committing a non-cognizable offence refuses,
on demand of such officer, to give his name and residence
or gives a name or residence which such officer has reason
to believe to be false, he may be arrested by such officer
in order that his name or residence may be ascertained. But
when the true name and residence of such person have been
ascertained, he shall be released on his executing a bond,
with or without sureties, or appear before a Magistrate is
- Provided that, if such person is not resident
in India, the bond shall be secured by a surety
or sureties resident in India. But if the true name and
residence of such person could not be ascertained within
twenty-four hours from the time of arrest or if he fails
to execute the bond, or, if so required, to furnish sufficient
sureties, he shall forthwith be forwarded to the nearest
Magistrate having jurisdiction.
- Under Section 43 of the said Act a person can also be arrested
by a private person who in his presence commits a non- bail
able and cognizable offence, or any proclaimed offender, and,
without unnecessary delay, shall make over or cause to be
made over any person so arrested to a police officer, or,
in the absence of a police officer, take such person or cause
him to be taken in custody to the nearest police station.
- If the police officer has a reason to believe that such
person comes under the provisions of Section 41, a police
officer shall re-arrest him.
- If there is reason to believe that he has committed a non-cognizable
offence, and he refuses on the demand of a police officer
to give his name and residence, or gives a name or residence
which such officer has reason to believe to be false, he shall
be dealt with under the provisions of Section 42; but if there
is no sufficient reason to believe that he has committed any
offence, he shall be at once released.
- Under Section 44 of the said Act when any offence is committed
in the presence of a Magistrate, whether Executive or Judicial,
within his local jurisdiction, he may himself arrest of order
any person to arrest the offender, and may thereupon, subject
to the provisions herein contained as to bail, commit the
offender to custody. Any Magistrate, whether Executive or
Judicial, may order arrest of a person in circumstances to
issue a warrant. But in all these cases the person arrested
has to be produced before the Magistrate or the officer in
charge of the police station without unnecessary delay as
per Section 56 of the said Act. Also a person cannot be detained
in custody for more than 24 hours without the permission of
the Magistrate as per Section 57 of this said Act. Police
in all such cases has to report to the District Magistrate
or the Sub-Divisional Magistrate about the arrest and also
the status of bail as per Section 58 of this said Act. A person
can also be arrested without warrant as per certain local
laws as applicable from place to place. For example in Delhi
as per the Delhi Police Act 1978, a person can be arrested
without warrant if an offence u/s 11 of Prevention of Cruelty
to Animals Act, 1960, is committed in presence of the Police
Officer. Thus it also depends on the area of your residence
or on the place where the alleged act in contravention of
law is committed and the local law applicable there.
MAKE COMPARSION with USA and CANADA
Generally speaking, the police can make an arrest without a warrant
- The police observe the person attempting or committing a crime,
- a reliable informant provides reasonably sound information
to the police regarding a felony crime and the person who committed
that crime, and if time permits, the police verify the information,
or if time does not allow, the police should be reasonably certain
that the information is valid, or
- the time lost in obtaining a warrant would permit the perpetrator
to escape or evidence to be lost, and
the officer has probable cause for an arrest.
The law in Canada, it follows from Great Britain. If the police
have reasonable grounds to believe you have committed an indictable
offence, then yes they can arrest you without a warrant, however
IF you are in your home, they cannot enter without an arrest warrant
and feeny warrant. So chances are they will get a warrant any ways.
Police in Canada can arrest on "reasonable grounds" for
95% of offences. This is a series of facts or circumstances that
makes them believe the person has committed the offence and that
is more that just suspicion. Once the officer has reasonable grounds
the person can be arrested on sight without an arrest warrant issued
by the crown.
Arrest warrants are usually ONLY issued if the officer can't find
the accused (moved with no forwarding address or is NFA) or if he
can't find the accused and there is a safety issue for the victim.