Filing a complaint isn’t always as simple as walking into a police station and narrating your ordeal, especially when your passport says you’re no longer an Indian citizen.
When Aarohi (name changed) walked into a Hyderabad police station to report dowry harassment, domestic violence, and cruelty by her husband and in-laws, she wasn’t expecting an easy day. But what she didn’t expect was to be dismissed simply because she now held a Swiss passport.
The police hesitated.
- “This is outside our jurisdiction.”
- “You’re no longer Indian.”
- “Why didn’t you report this earlier?”
Why This Matters
A growing number of Indian-origin marriages now span international borders. Unfortunately, many complaints arising from NRI and OCI marriages involve serious issues such as dowry demands, financial control, emotional and digital abuse, and even seizure of travel documents. Often, the abusive conduct begins in India—during or soon after the marriage—and continues or escalates once the couple relocates abroad.
The Legal Reality
Citizenship isn’t a barrier when offences have roots in India. To assert Indian jurisdiction in Aarohi’s case, we relied on Section 1(3) of the Bharatiya Nyaya Sanhita (BNS), 2023:
Section 1(3), BNS – “It shall apply also to any person who is liable under this Sanhita for any offence committed within India.”
Why does this apply to Aarohi?
- The marriage was solemnised in India, establishing a domestic relationship under Indian law.
- Dowry demands and emotional abuse began while living with her in-laws in India.
- Subsequent visits to India involved fresh instances of cruelty — verbal abuse, humiliation, and coercion.
- Each such act constitutes a continuing offence and falls squarely within Indian territorial jurisdiction.
When Part of the Offence Occurred Abroad
To address abuse that occurred outside India (e.g., in Switzerland), we invoked:
Section 1(5), BNS – “This Code applies to any offence committed by an Indian citizen outside India.”
If the husband was an Indian citizen at the time of the offence, Indian courts retain jurisdiction—even if he later renounced citizenship.
Since Aarohi faced harassment during her visits to India, the local police station in Hyderabad has the authority to register an FIR and investigate
Steps That Helped Aarohi
- Timeline & Evidence: We prepared a detailed record of every visit, incident, and supporting proof.
- Counselling: As per procedure, she attended sessions at a government-recognised Family Counselling Centre.
- Legal References: Sections under the BNS and Dowry Prohibition Act were cited to remove any confusion about jurisdiction.
- Persistence: After clarifying the legal framework, the FIR was registered under BNS Sec 85 “Cruelty” and Dowry Prohibition Act Sec 3 & 4.
Key Takeaways for NRI Women
- Document everything connected to India.
- Escalate to NRI Cells or National Commission for Women (NCW) if needed.
- Know that citizenship does not erase your right to justice.
Aarohi’s story is not unique, but it is proof that justice knows no borders. Women of Indian origin, whether NRI or OCI, have the right to seek justice in India when abuse is linked here.