Is one FIR enough to trigger detention, LOC, and passport trouble for an NRI husband?
Before you book your ticket to India, read this legal checklist that could protect your liberty.
NEW DELHI: When an NRI husband is named in a 498A IPC or 85 BNS case, the damage begins before he even lands in India. Look-Out Circulars, airport detentions, non-bailable warrants, passport complications, and reputational harm follow quickly.
This checklist is designed to prevent panic, prevent arrest, and restore procedural balance.
First, Understand the Law Clearly
Section 498A of the IPC dealt with “cruelty by husband or relatives.”
From 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the IPC. The equivalent provision is:
- Section 85, Bharatiya Nyaya Sanhita, 2023 – Cruelty by husband or relatives of husband.
The offence remains:
- Cognizable
- Non-bailable
- Non-compoundable (except with court permission)
However, arrest is not automatic. This is settled law.
Supreme Court Safeguards You Must Know
The Supreme Court of India has repeatedly restrained mechanical arrests in matrimonial disputes.
(A) Arnesh Kumar v. State of Bihar (2014)
Police must comply with Section 41 CrPC arrest guidelines.
Arrest cannot be routine merely because an FIR exists.
A checklist justification is mandatory.
(B) Sushila Aggarwal v. State (NCT of Delhi) (2020)
Anticipatory bail need not be time-bound.
Protection can continue till trial unless cancelled for valid reasons.
(C) Satender Kumar Antil v. CBI (2022)
Reinforced that arrest is not mandatory in offences punishable below 7 years.
Bail should be the rule, not jail.
If police ignore these safeguards, it becomes a violation of constitutional liberty under Article 21.
Free Legal Checklist For Nris Facing 498a
1. Confirm Whether an FIR Is Actually Registered
Do not rely on threats.
Obtain:
- FIR number
- Police station
- Exact sections invoked
- Copy of complaint
Many NRIs panic on WhatsApp threats without verification.
2. Check for Look-Out Circular (LOC)
Before travelling to India:
- Have your lawyer verify if an LOC exists.
- LOCs can be challenged before High Court if issued mechanically.
NRIs often discover cases only when immigration stops them.
3. File Anticipatory Bail Before Entering India
Do NOT land first and “see what happens.”
Options:
- File through Special Power of Attorney.
- Seek transit anticipatory bail.
- Approach Sessions Court or High Court directly.
Strategic filing can prevent arrest at airport.
4. Examine Jurisdiction Carefully
Many 498A FIRs are filed in places where:
- The husband never resided.
- The alleged incidents never occurred.
Improper jurisdiction is challengeable under Section 177–179 CrPC principles.
5. Preserve All Digital Evidence
Immediately secure:
- Emails
- WhatsApp chats
- Bank transfers
- Travel history
- Call logs
- CCTV if available
In NRI cases, documentary evidence often defeats vague allegations.
6. Challenge General & Omnibus Allegations
Courts have repeatedly held that:
- Roped-in relatives
- Non-specific accusations
- Distant family members living abroad
cannot be prosecuted without clear material.
Quashing petitions under Section 482 CrPC (now Section 528 BNSS) are viable in appropriate cases.
7. Parallel Proceedings Strategy
498A cases are often accompanied by:
- Domestic Violence Act complaint
- Maintenance under Section 125 CrPC
- Child custody litigation
Treat them as one coordinated litigation strategy, not isolated cases.
8. Passport & Visa Protection
If criminal proceedings are pending:
- Seek court permission for travel.
- Apply for exemption from personal appearance.
- Avoid passport impounding unless legally justified.
Mechanical passport seizure can be challenged.
9. Avoid Emotional Communication
After FIR:
- No angry texts.
- No threats.
- No negotiation without counsel.
Every message can become evidence.
10. Consider Settlement Only on Legal Terms
Many cases are filed to:
- Force property transfer
- Extract large “settlement” amounts
- Pressure NRI husbands before immigration renewal
Settlement should be:
- Legally drafted
- Court recorded
- Linked to FIR quashing
Never informal.
What Has Changed After New Criminal Laws (2024)?
With the introduction of:
- Bharatiya Nyaya Sanhita (BNS)
- Bharatiya Nagarik Suraksha Sanhita (BNSS)
- Bharatiya Sakshya Adhiniyam
Procedure remains protective of liberty.
Arrest guidelines and bail jurisprudence continue to apply.
Courts cannot bypass Supreme Court precedents simply because nomenclature changed.
Common Mistake NRIs Make
They ignore early legal intervention.
By the time they act:
- Non-bailable warrants are issued.
- LOC is active.
- Immigration problems begin.
- Negotiation leverage collapses.
Early anticipatory strategy changes everything.
Final Word
498A was meant to address genuine cruelty. It was never meant to become a tool for coercive financial extraction against men living abroad.
Due process is not evasion.
Anticipatory bail is not guilt.
Challenging jurisdiction is not avoidance.
It is asserting constitutional protection.
If you are an NRI facing 498A or Section 85 BNS proceedings, act before coercive steps escalate. Delay benefits no one except those using litigation as pressure.
FAQs
No. Arrest is not automatic. The Supreme Court has clearly held that police must justify arrest under legal guidelines and cannot act mechanically.
Through legal verification at the concerned police station or court. Many NRIs only discover LOCs at immigration, so pre-travel legal checks are essential.
Yes. Anticipatory bail can be filed through counsel, and in appropriate cases, transit protection can also be sought to avoid custodial risk.
No. Courts have repeatedly held that omnibus allegations without specific incidents are legally weak and can be challenged, including through quashing petitions.
The provision is now under Section 85 of the Bharatiya Nyaya Sanhita, 2023, but arrest safeguards and bail principles laid down by the Supreme Court continue to protect personal liberty.
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