Legal Question in Criminal Law in India

Is extradition possible in criminal defamation case ?

One of my relatives, who is a NRI living in USA, published defamatory statements about me, in Indian newspapers. I filed a private complaint at Chennai court, under section 500 [criminal defamation]. We sent summons from Chennai court to his USA address. They all got returned. So far, he has not shown up in court for any of the hearings, whereas his advocate is simply filing 317/205 petitions for his exemption from appearance. Is there a way to make him to come to India from USA and attend the court hearings? The judge said that he will issue a non bailable arrest warrant by next week during the next hearing. Now how to make this guy come from USA ? Is it possible to declare this guy as proclaimed offender? Is it possible to impound / revoke his indian passport ? Is it possible to extradite him from USA ? Is it possible to attach his non movable property in India ? [That property is under mortgage from a private bank]. Is it possible to issue interpol notice and get this guy arrested in USA itself ?? He is still an indian citizen and works in workers visa in usa. He is not a USA green card holder. So, how to force him to come to India ?? Please guide.


Asked on 6/10/08, 7:55 pm

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Is extradition possible in criminal defamation case ?

Extradition is depends on the terms of Extradition Treaty and policy of our Govt in that behalf.

Normally, an offence of defamation is considered a petty offence and extradition is not resorted.

Further, in an offence of defamation personal attendance of an accused is not necessary and advocate of an accused can proceed with the trial in the absence of accused.

Since the accused has already entered appearance through advocate, he can not be declared as absconding accused and no proclamation can be issued.

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Answered on 6/10/08, 11:53 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Is extradition possible in criminal defamation case ?

I am of the opinion that in this case extradition is not possible as the accused has already appeared in the court through and advocate.

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Answered on 6/11/08, 3:38 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Is extradition possible in criminal defamation case ?

As advocate is present on his behalf extradition is not possible in such a petty case

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Answered on 6/11/08, 8:59 am
G. M. Gupta gmguptaandassociates

Re: Is extradition possible in criminal defamation case ?

send us the court order sheet alonwith the petition and i will advice accordingly

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Answered on 6/11/08, 10:03 am


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