• Can illegal Bangladeshi immigrant in India sue Indian citizen?

Can an illegal Bangladeshi immigrant lady working in Ladies bar Mumbai sue someone of raping her while after she did paid sex with same person in a cheap hotel .. some kind of extortion.. wanted more exorbitant money..however it was consensus paid sex.happened few times in 2 years stretch .. no coercion to have sex.. few photos take in full dress inside the hotel room with both smiling..somehow she has adhar card .. but sure she is illegal immigrant her parents family in Bangladesh city..how to counter it...? legally and with police to avoid embarassing case...the bar she works also does illegal prostitution.. she is now in Bangladesh.. confirmed.. she will come back in 2 months
Asked 2 years ago in Criminal Law from Mumbai, Maharashtra
1. Well, it is very difficult to prove whether the same was forceful or consensual.
2. There is no presumption in oaw that the sex would be considered consensual if the complainant turned out to be a sex worker.
3. However if you have tangible evidence to show her profession as sex worker then you can use this to get bail . In other words the same would be great help to get bail but not otherwise.
4. Her professional would not come in the way to discredit her allegation. Be prepared for lengthy battle.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
Hi,
 if she is illegally staying  she will be caught , all migrants are not illegal, The same time it will be difficult to prove that she is illegal.
if she files a complaint, just prove that she  was working in the bar and it was a paid sex, this will help you to get bail. Her photographs of being together can create problem , as if it is a paid sex a lady who is a sex worker will not film it , as for a girl involved, there is no sense in photographing it. But if she has the intention to extort and bring trouble  yes this can trouble you in terms of a promised marriage and  consensual sex on the promise to marry.
Legality of the matter will depend on what complaint she files, based on the charges you need to put up your defense.
if you apprehend an FIR it is better to try for an anticipatory bail.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Her status as immigrant does not make change to bring allegation against the perpetrator of attack,
If you could show she is illegal immigrant then she may be deported but the FIR/complaint  lodged against you will remain intact.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
Hello,
1) Regardless of the fact that the lady is an immigrant illegally staying in India it does not take away her right against being outraged, not even if she is a sex worker and it can not just be presumed that there was consent to have sex if the contrary can be proved by her.Her status as a sex worker can to a great extent help you procure bail.

2) Her illegitimate stay in India, obtaining a bogus aadhaar card etc in themselves are not going to lend any support in putting to test the credibility of her allegations. 

3) You need to contest your case and secure a bail to start with .
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. The fact that she is an illegal immigrant has to be severed from the complaint of rape which she may file. A person not being a citizen of India is entitled, while being present legally or illegally in India, to the protection of Indian law in so far as his basic human rights are concerned. Even a female terrorist who comes to India as a suicide bomber can file a case of rape. So the illegal Bangladeshi immigrant can definitely bring the charges of rape against this man.

2. You will have to take bail and contest the case on merits to prove that the sex was paid and not forceful. 

3. In the event she files the case on her return you will have to show proof that the sex was consensual. If evidence of prostitution activities taking place in the bar can be shown then the road to getting bail will be smoother.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. You are deficient in details in your query,

2. What is the stage of the case now? Has she already lodged FIR? Were you arrested? Did you take AB?

3. However, you shall have to prove that you two had consentual s*x and the police shall have to prove that you raped her,

4. Her having paid S*X with you or working as a S*X worker will certainly help you greatly in getting bail and getting the case file rejected,

5. Her profession and alleged nationality will not absolve you from the allegations levelled againt you.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. You shall have to prove that her allegations are unfounded to get released from the case filed against you,

2. Just for being an illegal immigrant, she is not barred from filing a rape case against you.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Why are you s bothered about the proof of your innocence. The proof of allegation solely depends on the prosecution and burden of prof lie on them only.
Medical proof of sexual assault is very important in this type of cases.
Id the re is no medical proof of sexual assault then you cna breath sign of relief.

There is no legal embodiment in lodging a complaint by foreign national or illegal immigrant against Indian national.
Otherwise all Indian national will have a free run to assault illegal immigrant.
Forsake this thought from your mind,
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1. Has the case even been lodged? The defence will have to be prepared only in the light of the allegations which are leveled. The burden of proof to be discharged is not uniform in all cases. The prosecution will have to prove the commission of offence. Depending on the degree of proof required to prove the offence, the court will decide whether the prosecution succeeds or not. Let the case be filed and then your defence can be chalked out. 

2. Illegal immigrants are also humans. If she has got adhaar card through misrepresentation then she can be prosecuted for it, but this does not mean that any Indian can rape her and then claim immunity from prosecution because she is an illegal immigrant.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. You will remember that Kasab entered in India illegally from Pakisthan and committed henious crime in India killing innocent people,

2. Inspite of the above status of Kasav, he was given the benifit if India legal system and was not told that since he is an illegal entrant, we can hang him without trial,

3. Being a citizen of India one does not get the liberty to rape an illegal entrant,

4. However, why are you admitting that there was a S*X with her and that was consentual?

5. The prosecution shall have to prove that there was a rape committed on her. What was her complaint and what evidence did she submit in support of her allegation?

6. If you think that the prosecution has irrefutable evidence that there was S*X with her then give details of the said evidence so that we can inform you as to how to challenge/question the said evidence,

7. Having a photograph of her with you in the room does not prove her consent..
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0