Indian Constitution to backup Indians on foreign soil
I am an Indian passport holder staying in Muscat, Sultanate of Oman. On the 12th of April 2014, i was involved in a minor road accident causing damage to 'no human' and minimal damage to property (pavement of a round about) and was immediately cleared of fines/repair. During the time of accident i was under the influence of alcohol due to which the local Police put a case on me. I was arrested immediately after the accident and was put behind bars indefinitely. After a period of 7 days, my father was able to get me out on bail but i am still involved in the trial and my passport has been seized by the authorities.
I am unable to leave this country and the primary court declared a verdict of 3 months jail and 100 Rial fine (INR 15,900). Since the verdict was declared too strong for the crime, i appealed to the secondary court (known as the appeal court here) and we submitted a Statement of Defense stating that i have served 7 days jail time, there are no fines pending and have understood my mistake promising never to let it happen again. The appeal court rejected my plea and stuck to the initial verdict of 3 months jail and fine (from the primary court).
Now i have appealed the same case to the High court and am waiting for the 'date of hearing' to be declared. I am 25 years old and working here for almost 3 years now. I have lived here fore almost 18 years of my life including schooling. This is the first case put on me and i have never been of any trouble to another human being,
If i accept the verdict of 3 months, other than staying with criminals in the jail (arrested for drugs, theft, assault) i will lose my job, my visa, and my opportunity for a Post grad from the United States, jeopardizing my career. After having said all this, i am sure you understand my desperation, which brings me to my final question:
DOES THE INDIAN CONSTITUTION HOLD ANY CLAUSE WHICH ALLOWS THE INDIAN GOVERNMENT/INDIAN EMBASSY TO BE INVOLVED IN THIS CASE AND HELP ME FIGHT FOR MY FREEDOM.
Looking forward to your reply.
Asked 3 years ago in Civil Law from Oman
1) you were driving under influence of alcohol and hence FIR was registered against you .
2) you have to face trial as per laws prevalent in Oman as crime was committed in Oman
3) the trial court has sentenced you to 3 months imprisonment and fine . the verdict has been upheld by appellate court .
4) in appeal before HC you can only pray for lenient view on account of it being first offence and that conviction would jeopardize your career .
5) Indian GOvt cannaot help you in your legal battle
As per Indian constitution as well, if you have committed an offence then you will be tried according to the laws of the said country where the offence was committed.
Check if in Muscat if you have any law relating to probation of offenders act. Under t that you may pray for leniency however conviction would still stay.
1. The basic canon of criminal jurisprudence is that you are liable under the law of the country to which you were subject at the time of commission of offence.
2. The offence of drunken driving was committed by you in Oman. As a corollary thereto, the legal remedies can be pursued by you only under the legal framework of Oman.
3. The protection of Indian constitution is not available to you. So the Indian government cannot interfere.
4. You have appealed to the High Court which may reduce the sentence if you are a first time offender.
1. See if appeal can reduce the punishment, court may show a leniency and as per the law in oman ,driving under the influence (DUI) of alcohol is punishable by imprisonment of up to one year and/or a fine of up to OMR 500. If the DUI results in an injury or death, it is punishable by imprisonment of one year to five years.
2. In your case the term is minimal and in the appeal you should pray for leniency , as no injury or harm caused to human or animal life.
3. There is no human right or constitutional violated by arresting and punishing for an offence as per the law of the Oman , so how the constitutional right involves. So try to get the appeal dismissed or the term reduced by engaging an expert lawyer.
1. You have violated local law by driving vehicle being drunk despite the fact that you are brought up there and are very much aware of the fact that law is followed strictly in that country,
2. Your appeal has been rejected by the second court and your appeal before the high court is pending,
3. You shall have to try your level best praying before the High Court to take lenient view in your matter considering that if you are imprisoned it will ruin your life and that it is your first offence,
4. There is no such artice in our Constitution which will come in your help. You can try through political channel so that the Govt of Oman may choose to withdraw the charge.
in your case if you consult to Indian embassy you will get legal aid. by obtaining visa you have submitted yourself before the law of that country to so you are bound to face trial and punishment according to that country's law. you must contact Indian embassy because your trial and punishment shall come under Indian govt supervision and no harse punishment you'll get. in some cases Indian govt may approach for pardon, if your case come under it you may get benefit.