Section 4 of the Indian Penal Code (IPC), inter alia, provides that where any offence is committed by any citizen of India in any place outside India, it may be considered to be an offence committed within India.
You have not made it clear in your question as to whether you continue to be a citizen of India. If yes, then theoretically or legally speaking, acts committed by you even in USA which amount to an offence under 498-A of IPC may be considered under Section 4 IPC to be an offence committed in India and FIR can be lodged in India with regard to such offence in India.
However, Section 188 of the Criminal Procedure Code provides that no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government. So, the previous sanction or approval of the Central Government would be necessary for prosecuting you for any such offence.
Please also read: Can case be registered in India for offence occurring in foreign country?
Section 4 of the Indian Penal Code is reproduced below:
“4. Extension of Code to extra-territorial offences.—The provisions of this Code apply also to any offence committed by—
(1) any citizen of India in any place without and beyond India;
(2) any person on any ship or aircraft registered in India wherever it may be;
(3) any person in any place without and beyond India committing offence targeting a computer resource located in India.
Explanation.—In this section—
(a) the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Code;
(b) the expression “computer resource” shall have the meaning assigned to it in clause (k) of sub-section (1) of Section 2 of the Information Technology Act, 2000 (21 of 2000).”
Section 188 of the Criminal Procedure Code is also reproduced below:
“188. Offence committed outside India.— When an offence is committed outside India—
(a) by a citizen of India, whether on the high seas or elsewhere; or
(b) by a person, not being such citizen, on any ship or aircraft registered in India,
he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found:
Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.”
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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