The Punjab and Haryana High Court recently provided an important clarification regarding the jurisdiction of police stations in India to investigate complaints of harassment that allegedly occurred abroad. In a case where a woman from Bathinda had filed an FIR with local police against her in-laws for harassment she faced while living in the United States, the High Court ruled that the police in India did not have authority over such incidents which took place outside the country.
Justice Harpreet Singh Brar explained that for criminal cases, the place where the alleged offense was committed determines which law enforcement agency has oversight. Unless the act in question occurred within Indian borders, the local police here cannot launch a formal investigation. Furthermore, as per Section 188 of the Code of Criminal Procedure, the central government’s permission is required if legal action needs to be initiated for extra-territorial matters.
In this particular instance, as the complainant’s accusations of dowry demands and threats of divorce pertained to her time residing in America, the Bathinda police station lacked territorial jurisdiction to entertain the FIR. Allowing investigations without properly establishing where the offense truly took place could result in an incorrect legal process being followed.
While protecting women’s rights and providing help to those facing distress abroad is important, proper legal procedures and authority mandates must still be adhered to. This clarification from the High Court around the boundaries of Indian law will surely impact how exactly NRI women can seek redressal for harassment complaints against relatives residing back home. Proper channels will need to be assessed on a case by case basis going forward.
