Legal Question in Criminal Law in India

If an Indian is convicted and sentenced in Australia. What happens to him after he finish his jail term in Australia?


Asked on 5/24/12, 12:00 am

4 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

24.05.2012

Dear Sir / Madam,

It depends on the detail of the judgement / sentence -

If the sentence only speaks about serving the jail term, nothing more happens thereafter.

If the sentence pronounced states deportation after serving the jail term, deportation proceedings will apply after the jail terms is completed.

You can mail me for any further on-line advice at [email protected]

Regards,

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Answered on 5/24/12, 12:05 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the man has already completed his jail term for the alleged offence, he cannot be convicted for the same offence in India. this would amount to double jeopardy. but if the offence that he had committed in Australia, amounts to multiple offences and a few of them are not offences in Australia but are in India, then he may be convicted for those offences which are offences in India but not in Australia.

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Answered on 5/24/12, 12:09 am
Sanjay Kalra Sanjay Kalra & Associates

What was his status before being convicted in Australia ? Was he citizen or tourist or any other visa. Please clarify.

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Answered on 5/24/12, 12:38 am
Shrichand Nahar S.V.Nahar, Advocate

As provided by laws of Australia.

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Answered on 6/06/12, 11:59 pm


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