Legal Question in Criminal Law in India

Nbw - person not traceable

i would like to know what happens

when a person on whom an NBW has

been issued is not traceable and is

discovered to have left the country.

Do the proceedings call for tracing

the person in the country (s) if a lead

is available, for extradition?


Asked on 10/01/08, 1:45 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Nbw - person not traceable

Ask the court to issue proclamation order and if he has left his property you can apply afterwards for forfieture and sale of his property.

Read more
Answered on 10/02/08, 2:07 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Nbw - person not traceable

Extradition proceedings are possible only when there is a bilateral treaty.

Before considering it, you need to exhaust other possibilities like Issuance of Proclamation, declaring accused as absconding etc.

Read more
Answered on 10/01/08, 2:46 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Nbw - person not traceable

First of all you should apply for declaring the person as a "proclaimed offender".

Or you may approach the police for issuing a "look out" notice against him.

Extradition proceedings depend upon "bilateral agreement" between India and that country.

However, you may on your own approach authorities in that country informing about the pending criminal case against him.

You may also write to the diplomatic offices of that country in India and supply them of the facts.

Read more
Answered on 10/01/08, 9:08 am


Related Questions & Answers

More Criminal Law questions and answers in India