Can an Indian file a complaint against foreigner in India legally?
A, an NRI living in the USA, owes money to his friend B, an Indian residing in India. With B's approval, A attempted to purchase a business in the USA to share profits with B but was cheated by X, another NRI, resulting in significant financial loss for A and forcing him to default on his commitments to B, making B an indirect victim of the fraud. Given this scenario, can B file a police complaint against X in India when X visits, and what are the applicable criminal and civil codes or sections for this case?
In this scenario, B can file a police complaint against X in India when X visits, as he is an indirect victim of the fraud. The applicable legal provisions include Section 420 of the Indian Penal Code (IPC), which addresses cheating and dishonestly inducing delivery of property. Additionally, Section 406 of the IPC pertains to criminal breach of trust if A entrusted money to X. If electronic means were used in the fraud, Section 66D of the Information Technology Act may apply. B should gather evidence and file a detailed complaint with the local police regarding the financial loss incurred.
Hi there! Unfortunately, you cannot file any case against X in India. Had the cause of action have happened wholly or partly, you would have filed botg criminal and civil suit against X in India and the law is settled on this part. Neither IPC for criminal case nor CPC for civil case would pertain to your case, sir. Moreover, just because X visits in India doesn't make him liable to be prosucted by Indian laws. It is pertinent to mention that X did not eneter into any agreement with B directly and as such B doesn't have any case of action against him in India. However, B can take legal action against A. You need to choose your advocate wisely who knows how Indian laws are applicable to foreign nationals. Good luck!
Yes, an Indian can file a complaint against a foreigner in India. Criminal complaint: B can file a FIR against X under section 415 of IPC for cheating. Also if B finds that the X was involved in forgery, X could also a lodge a case under Section 463. Civil Actions: B may file a civil suit against X for the recovery of losses incurred due to the fraud, under the law of torts and contract.
Sir, firstly you may send legal notice with the help of an expert lawyer for the recovery of your loss occurred due to your friend and if he/she fails to comply with the notice, you can file a formal complaint application against the person. For further legal assistance contact us on our helpline number.
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