You have not mentioned about the facts of 498A IPC case. Whether the allegations made therein pertain to incidents that took place in India since you said that they stayed in India for one month? If yes, then the offence can be tried in India.
Alternatively, if the offence took place in Canada but if the offence is committed by an Indian citizen in Canada, then also as per the provisions of Section 4 of the IPC, if an offence is committed outside India by an Indian citizen if such offence is made punishable in India, it can be tried in India.
So, in both situations, you’ll have to defend the 498A IPC case in India if the boy continues to be Indian citizen, though he is living in Canada but has not become a Canadian citizen so far.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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