Legal Question in Criminal Law in India

Re: Arrest warrant in India

If there is a Treaty between USA and India concerning extradiction, your father may take recourse to it. However, in an offence of defamation, your father may not be successful in invoking extradition proceedings. However, on issuance of a Warrant, you may be arrested upon your arrival in India, may be on Airport itself.

Re: Arrest warrant in India

you can contest the case here in India by taking help of a lawyer. You can also take help of women Organization / Social Organization as it will strengthen your case here In India. You can also file case against your father in Domestic Violence Act for not allowing you to study / job.

Re: Arrest warrant in India

hire an attorney in india and he will handle everything.

summons can be issued to you but arrest and deportion are big thing and will not be done in your case. the proceedings will continue in india and will cause difficulty for you whenever you will come to india.

Re: Arrest warrant in India

You can arrested in USA as well as inINDIA. you are advised to appear through an advocate in indian court to avoid arrest.

Re: Arrest warrant in India

the warrants need to be got to be stayed if they are indeed issued. Subsequently it needs to be cancelled or atleast stayed for making your appearance conveient. Thereafter your appearance can be got exempted by seeking the order from court.

Re: Arrest warrant in India

Defamation cases are very weak. If the Indian court has addressed summons to you, and you have received the same, kindly engage an Advocate in the city where the case has been filed to file his appearance.

If an arrest warrant has been issued, then your Advocate will have to approach the High Court of the State by a small simple application for getting the same cancelled, since a magistrate cannot cancel / recall the warrant once issued. This will take some time but not a lot. You will not get arrested in USA. You will also not be arrested in India, if you have co-ordianted well with your Advocate.

The Indian courts cannot send an arrest warrant to the US Embassy, since the arrest warrant is valid only in the territory of India. An embassy is the territory of USA on Indian soil, not governed by Indian law.

Also your visa will not be cancelled and you cannot be arrested for being abroad.

These are metnal gymnastics. Only get hold of a good Delhi lawyer. My Assocaite is in Delhi, if you so desire, who can handle your job without any problems.

I hope I have answered your question. You are satisfied and your fears are allayed.