HC Imposes Pre-Conditions on NRIs Filing Complaints from
Abroad to Curb Legal Abuse

Los Angeles/Apr 07, 2025
NRIpress.club/Ramesh/A.Gary Singh

To prevent the growing misuse of India’s legal system by non-resident Indians (NRIs), the Punjab and Haryana High Court has directed that any NRI filing a complaint from overseas must first deposit a mandatory sum — which will be forfeited if the complaint turns out to be false or frivolous.

Additionally, such complainants must provide a written undertaking acknowledging they will face legal consequences if their accusations are found to be baseless.

This decision came during the hearing of a matrimonial case, where a man alleged repeated harassment through police investigations instigated by his wife, who had returned to Canada after only a month of living together. The court emphasized that no individual should be subjected to endless inquiries without just cause.

Justice Sanjay Vashisth, who presided over the matter, remarked that NRIs misusing legal channels from abroad must be made to contribute financially to the Indian system — not only as a deterrent but also as a means of supporting the nation’s economy.

He stressed that law enforcement and judicial institutions should not be unnecessarily drawn into repeated, unverified matters. The judge criticized police authorities for entertaining multiple inquiries without officially registering a criminal case or following proper procedural steps.

“There is no provision under the CrPC or BNSS, 2023, that authorizes the police to carry out successive inquiries like commissions or tribunals,” the court observed.

Justice Vashisth further pointed out that such practices create confusion about police behavior — whether they appear indifferent or excessively aggressive — due to deviation from established legal procedures. The court also expressed alarm over the increasing number of legal petitions driven by such unauthorized police actions, despite previous judicial directives intended to prevent this.