1. Yes

2. Yes

3. Yes

4. Section 188 of crpc and now section 208 of BNSS governs this issue. 

Generally it’s very difficult to again initiate the trial for same offence already convicted in foreign soil. You need sanction from central govt. Only if offence is distinct then same can be tried

As the alleged offence took place outside India, the accused cannot be tried under Indian law for want of territorial jurisdiction. Moreover, one of the fundamental principles of criminal law is that no one can be punished twice for the same offence.

Your friend can initiate criminal proceedings in India against her ex-boyfriend if he is an Indian citizen. Indian law provides extra-territorial jurisdiction for offenses committed by Indian citizens abroad.

Under Section 1(4) of the BNS, the provisions of Indian penal law apply to any offense committed by any citizen of India in any place outside India.  Under Section 208 of the BNSS  an Indian citizen who commits an offense outside India can be investigated and tried at any place in India where he is found.  While the police can register an First Information Report (FIR) and conduct an investigation, no court in India can proceed to try the case without prior sanction from the Central Government of India (Ministry of Home Affairs).

Under Section 209 of the BNSS, the Central Government can direct that certified copies of depositions, statements, or exhibits produced before judicial or police authorities in a foreign territory be received as evidence in Indian courts. Screenshots, voice recordings, and emails will need to be certified under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) to establish proof of electronic records and chain of custody. Copies of evidence verified or attested by the Indian High Commission in the UK or directly obtained via the UK police report will carry substantial evidentiary weight.

Article 20(2) of the Indian Constitution and Section 337 of the BNSS ) bar a person from being prosecuted twice for the same offense (double jeopardy). However, this applies only if the person was formally tried and convicted or acquitted by a judicial court of law.

Depending on the exact nature of the harassment, the charges under the Bharatiya Nyaya Sanhita (BNS) and Information Technology Act, 2000 may apply.

She can lodge a written complaint at the jurisdictional police station in India where the accused resides, or file a Zero FIR at any police station/online police portal, which will then be transferred to the local station.

1. Can an FIR/complaint be filed in India?
Yes. Under Section 4, Bharatiya Nyaya Sanhita (BNS) [earlier IPC Section 4], Indian courts have extraterritorial jurisdiction over offences committed by an Indian citizen abroad. However, prosecution requires prior sanction of the Central Government under the BNSS provision corresponding to old CrPC Section 188 (please verify the current section number before filing, as BNSS renumbering should be double-checked). The complaint/FIR can be filed where the accused is currently found/resides in India, or where your friend resides.

2. Can UK evidence be used in India?
Yes, in principle — voice recordings, screenshots, and witness statements can be relied upon, but they will need to be properly authenticated/certified (translations, chain of custody, forensic certification under the Bharatiya Sakshya Adhiniyam equivalent of Evidence Act S.65B for electronic records). Certified copies of the UK investigation file can be sought via a Mutual Legal Assistance Treaty (MLAT) request through the Ministry of Home Affairs, which strengthens admissibility.

3. Does UK action bar Indian prosecution?
No. Deportation, visa cancellation, and university expulsion are administrative/immigration consequences, not criminal convictions. Double jeopardy (Article 20(2) of the Constitution / Section 300 CrPC-BNSS equivalent) applies only where there has been a conviction or acquittal by a competent court — not mere arrest or administrative action. Since no UK criminal trial/verdict has occurred (please confirm this), there is no legal bar to Indian proceedings.

4. Applicable law & process

• Likely provisions: sections under BNS dealing with sexual harassment, stalking, criminal intimidation, voyeurism (depending on exact facts — please specify which acts occurred, as sections will differ, e.g., sexual harassment provisions vs. stalking vs. outraging modesty).
• Process: (a) file a complaint with police or directly before a Magistrate under Section 175(3)/relevant BNSS provision if police don't register FIR; (b) simultaneously apply to MHA for sanction under the extraterritorial-jurisdiction provision; (c) request MLAT assistance for UK evidence certification.

This is procedurally more involved than a domestic case (sanction + evidence certification take time), but it is legally maintainable. I'd recommend we file a detailed representation to the police along with the sanction application simultaneously to avoid delay.

Thanks And Regards 
Adv. Aman Verma
Legal Corridor

Dear Sir/Madam,

Yes, criminal proceedings may be initiated in India if the accused is an Indian citizen. The complaint/FIR can be lodged where he is presently residing or found; however, inquiry or trial requires prior sanction of the Central Government.

The UK evidence can be relied upon, subject to proper authentication and proof. Arrest, deportation and university expulsion do not bar Indian prosecution unless he was already finally tried and convicted or acquitted for the same offence.

The applicable provision may include Section 75 BNS for sexual harassment, depending upon the exact acts and date of occurrence. Consult a criminal lawyer with the UK police records, evidence and deportation documents for filing the complaint.

Advocate Saurabh Agrawal

**1. Can an FIR or criminal complaint be filed in India for acts of sexual harassment that took place in the UK?**

Yes. Section 1(5)(a) of the Bharatiya Nyaya Sanhita, 2023 (BNS) expressly provides that the provisions of the Sanhita apply to any offence committed by a citizen of India in any place without and beyond India. The Explanation to Section 1 clarifies that the word "offence" includes every act committed outside India which, if committed in India, would be punishable under the Sanhita. Consequently, an FIR can be registered in India against the accused, who is an Indian citizen, for sexual harassment committed in the UK, as the offence is deemed to have been committed within India for jurisdictional purposes. However, while registration of an FIR is permissible, Section 208 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) mandates that no such offence committed outside India shall be inquired into or tried in India except with the previous sanction of the Central Government. The Orissa High Court has recently affirmed that prior sanction under Section 208 BNSS is mandatory for prosecution of offences committed abroad by Indian citizens. Therefore, while the complaint can be filed and FIR registered, the matter cannot proceed to inquiry or trial without Central Government sanction.

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**2. Can the evidence already submitted to the UK police (voice recordings, screenshots, witness statements, etc.) be relied upon in Indian proceedings?**

Yes, subject to the procedural mechanism under Section 209 of the BNSS. This provision empowers the Central Government to direct that copies of depositions made or exhibits produced before a judicial officer, or before a diplomatic or consular representative of India in the foreign territory, shall be received as evidence by the Indian Court holding such inquiry or trial. The evidence may be in physical or electronic form. India and the UK have a Mutual Legal Assistance Treaty (MLAT) in criminal matters, which facilitates the transfer of evidence between the two jurisdictions. Under this framework, the evidence already collected by UK authorities—including voice recordings, screenshots, and witness statements—can be formally transmitted to Indian authorities through the MLAT route. The evidence must be authenticated and transmitted through official channels to ensure admissibility. Your friend should preserve all original evidentiary material and its metadata, and coordinate with the investigating officer to initiate a formal request for evidence transfer through the Ministry of Home Affairs, which serves as the Central Authority for MLAT requests in India.

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**3. Would the action already taken by the UK authorities (arrest, deportation, university expulsion) prevent or affect prosecution in India?**

No. The actions taken by UK authorities—arrest, deportation, and university expulsion—do not constitute a bar to prosecution in India. Article 20(2) of the Constitution of India provides protection against double jeopardy only where a person has been "prosecuted and punished" for the same offence. An arrest without trial and conviction does not amount to "prosecution and punishment" within the meaning of Article 20(2). Similarly, deportation is an administrative immigration measure, not a criminal punishment, and university expulsion is a disciplinary action, neither of which attracts the constitutional protection against double jeopardy. The Supreme Court has consistently held that for double jeopardy to apply, there must be (a) a previous prosecution, (b) punishment, and (c) for the same offence—all three conditions must be satisfied. None of these conditions are met here. Consequently, the UK authorities' actions do not preclude or affect the initiation of criminal proceedings in India. The Orissa High Court has recently reaffirmed this position, holding that parallel proceedings in a foreign jurisdiction do not attract the bar of double jeopardy at the initial stages.

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**4. What legal provisions under Indian law would apply in such a situation, and what would be the appropriate legal process?**

The following substantive provisions of the BNS, 2023 would apply:

- **Section 74**: Assault or use of criminal force against a woman with intent to outrage her modesty.
- **Section 75**: Sexual harassment, including physical contact and advances involving unwelcome and explicit sexual overtures, demand for sexual favours, or showing pornography against the will of a woman.
- **Section 79**: Word, gesture, or act intended to insult the modesty of a woman.

The appropriate legal process is as follows:

**Step 1**: File an FIR at the police station having jurisdiction over the place where the accused is presently residing in India, or where the offence is registered. The complaint should be accompanied by all available evidence.

**Step 2**: The police may conduct a preliminary investigation. However, the Orissa High Court has held that while registration of FIR and investigation do not require prior sanction, inquiry and trial do require sanction under Section 208 BNSS.

**Step 3**: Apply to the Central Government (Ministry of Home Affairs) for sanction under Section 208 BNSS to proceed with inquiry and trial.

**Step 4**: Upon obtaining sanction, the court can proceed with inquiry and trial. Evidence collected in the UK can be received under Section 209 BNSS through the MLAT framework.

**Step 5**: If the accused does not cooperate, proceedings can continue in his absence, and the court may issue non-bailable warrants. Extradition remains a possibility if the offence is punishable with more than one year's imprisonment under Indian law.

- Under the Extradition Act, the offence for which the fugitive criminal is accused or convicted in a foreign state shall be treated as if such offence were committed in India.

- Further, Section 3 of Indian Penal Code provides as: “Any person liable, by any Indian law, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India

- Further, as per Section 188 CrPC , when an offence is committed outside India by a citizen of India, he may be dealt with in respect of such offences as if they had been committed in India. However, such offences can be inquired into or tried only after having obtained the previous sanction of the central government.

- Further, as per Supreme Court of India, An Indian citizen who has committed a crime abroad can be prosecuted in the country but the trial cannot commence beyond the cognizance stage without prior sanction of the government.

1. Yes, if the compliant forwarded to Indian Government.

2. Yes, however offence have to prove in India , 

3. Depend upon the complainant and UK authorities

4. As mentioned above 

Dear Client, An Indian citizen who commits an offense outside India can face criminal prosecution back home under India’s extraterritorial jurisdiction under Section One of the Bharatiya Nyaya Sahita and section 208 of the Bharatiya Nagarik Suraksha Sahita if an Indian citizen commits an act abroad that constitutes a crime under Indian law they can be tried in India upon returning your friend can approach a local police station or a magistrate in India to file a First Information report or a criminal complaint provided she can establish that the accused is an Indian citizen and furnished the necessary details of the incident.

The digital and documentary evidence collected abroad including voice recordings screenshots emails and witness statements can be fully relied upon in Indian legal proceedings however to be admissible under the Bhartiya Sakshya Adhiniyam electronic records like audio files and chat screenshots must be supported by proper certification and translated into English or a local language if they are in a foreign format While foreign police reports or university findings hold strong persuasive value the Indian investigating agency and courts will independently evaluate the material to satisfy local evidentiary standards.

The administrative and disciplinary actions by UK authorities such as his arrest visa cancelation university expulsion and deportation do not amount to a criminal trial or judicial conviction by a Criminal Court Under the principle of double jeopardy a person cannot be punished twice by a court of law for the same offense but administrative penalties or foreign university disciplinary actions do not bar a criminal prosecution in India since he was never tried formally convicted or acquitted by a Criminal Court in the UK Indian criminal courts retained full jurisdiction to try him.

To initiate this process your friend or her authorized legal representative in India must file a formal police complaint or a private complaint before a judicial magistrate accompanied by all verified foreign evidence and proof of the accused Indian citizenship. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou

Yes, it is legally possible to initiate criminal proceedings in India, but the position is not straightforward because the alleged offences were committed entirely in the United Kingdom.
Can an FIR be lodged in India?
If the accused is an Indian citizen, offences committed outside India can, in appropriate cases, be dealt with under Section 1(4) of the Bharatiya Nyaya Sanhita, 2023 (earlier Section 4 IPC) read with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) dealing with offences committed outside India. However, prosecution in India for acts committed abroad generally requires compliance with the statutory provisions governing extraterritorial jurisdiction, including obtaining the previous sanction of the Central Government before the trial can proceed.
Can the evidence collected in the UK be used in India?
Yes. Voice recordings, screenshots, witness statements, police records and other evidence collected during the UK investigation can be relied upon, provided they are produced and proved in accordance with Indian law. Certified records obtained from the UK authorities and evidence received through the appropriate legal channels carry greater evidentiary value.
Does the UK action bar prosecution in India?
The fact that the accused was arrested, expelled from the university and deported does not by itself bar prosecution in India, as these are administrative or immigration consequences and not necessarily a criminal conviction after trial. However, if the accused has already been tried and finally acquitted or convicted by a competent UK criminal court for the same offence, the issue of a second prosecution would require careful examination of the applicable statutory provisions and principles against double jeopardy.
What is the legal process?
Your friend should first obtain copies of the UK police records, investigation documents, and any court or administrative orders. A detailed criminal complaint can then be submitted to the jurisdictional police in India or before the jurisdictional Magistrate, explaining that the accused is presently in India and seeking investigation in accordance with the BNS and BNSS. Since this is a matter involving extraterritorial jurisdiction, the assistance of a lawyer experienced in criminal law is advisable.
The viability of prosecution will largely depend on:
Whether the accused is an Indian citizen.
The exact nature of the alleged acts (sexual harassment, sexual assault, stalking, etc.).
Whether any criminal proceedings were concluded in the UK.
The availability and admissibility of the evidence collected by the UK authorities.
If these factors support prosecution, Indian law does permit proceedings against an Indian citizen for offences committed outside India, subject to the statutory requirements governing such prosecutions.

Yes, you can file the complaint provided he wasn't convicted there and there wasn't a complete trial apart from just deporting. 

Thanks

Adv. Raj Chetan 

Hyderabad 

The requirement for Central Government sanction under Section 188 CrPC (or Section 163 BNSS) does not block the initial registration of a First Information Report (FIR) or the subsequent police investigation. The Supreme Court of India has firmly ruled that prior executive sanction is only required when the trial begins, not at the stage of filing the complaint or investigating the crime. 

2( Since the accused has already been deported and is physically present within Indian territory, the police can track, interrogate, and arrest him locally without needing complex international extradition mechanisms or the MLAT process.

The central government  sanction requirement under Section 208 BNSS cannot be completely bypassed, but it does not stop the police from taking initial action. The police can accept the complaint, register an FIR, collect electronic evidence, and even arrest or interrogate the accused without waiting for central approval. The sanction request is routed by the police/prosecution to the Ministry of Home Affairs (MHA) while the charge sheet is being prepared.

She can file a Civil Suit for Damages in an Indian civil court claiming compensation for mental agony, emotional distress, defamation, and loss of reputation resulting from sexual harassment and stalking. Standard of proof in civil cases is based on preponderance of probabilities (lower than the "beyond reasonable doubt" threshold in criminal law). Evidence submitted to UK police can be submitted as civil exhibits.

If they were living together in the UK in a "relationship in the nature of marriage" (cohabiting as a couple), she can file a petition under the Protection of Women from Domestic Violence Act, 2005.

If he borrowed the money under false pretenses or never intended to repay it (e.g., promising a future together, using relationship leverage), it constitutes criminal cheating.

If there are bank transfer receipts, WhatsApp messages acknowledging the loan, or written IOUs, she can file a Summary Suit for debt recovery. Under Order 37, the court can pass a decree quickly unless the accused proves a genuine defense.

By framing the complaint around both financial cheating and sexual harassment, local police can act immediately on the local financial transaction without waiting for foreign jurisdiction clearances.She does not need an elaborate MLAT process initially. Simple bank statements, screenshots, and an affidavit/certificate under Section 63 BSA (stating she extracted the chats/recordings from her own phone) are legally sufficient for police investigation.

Dear Sir/Madam,

There is no legal shortcut to the Central Government’s prior sanction for inquiry or trial in India regarding an offence committed abroad. This requirement applies under Section 208 BNSS.

The most practical course is to first obtain the complete UK police/court record and pursue any pending criminal remedy in the UK. An Indian complaint may also be filed, but it will involve sanction and authentication of foreign evidence.

A civil compensation claim may be considered, depending on limitation and jurisdiction. The unpaid loan is a separate matter: send a legal notice and file a money-recovery case. A cheating complaint is maintainable only if dishonest intention existed when the money was borrowed.

Consult a criminal lawyer with the UK records, loan proof and dates of both incidents before proceeding.

Advocate Saurabh Agrawal

1. Simplifying the Central Government sanction requirement
The statutory mandate of prior sanction under Section 188 of the CrPC (now corresponding provisions in BNSS) is absolute and cannot be waived or simplified by any administrative shortcut. However, judicial precedents clearly establish that sanction is not required if any part of the offence – such as planning, preparation, instructions, or monetary transfers – occurred within Indian territory. Therefore, the only practical way to bypass this hurdle is to meticulously examine all evidence to establish a territorial nexus to India. If such a link exists, the prosecution can proceed without sanction. Additionally, the sanction requirement applies only to “trial,” not to “investigation,” so preliminary inquiries and evidence collection can commence immediately without waiting for government approval. Engaging an experienced criminal lawyer to scrutinise the facts for any Indian connection is the most effective strategy to avoid this procedural bottleneck.

2. Civil remedies, compensation mechanisms, and other legal proceedings
Yes, there are robust civil and quasi-criminal alternatives. A civil suit for damages can be filed independently to recover financial losses caused by the accused’s wrongful acts, and this can run parallel to any criminal case. Under Section 396 of the new Bharatiya Nagarik Suraksha Sanhita (formerly Section 357A CrPC), the State Legal Services Authority can award compensation from a victim fund even if the accused is not traced or convicted. For the unpaid personal loan, you may issue a formal legal notice demanding repayment within a stipulated period, and if ignored, file a summary suit under Order 37 of the Civil Procedure Code for expeditious recovery. If the loan was backed by a cheque that bounced, you can initiate prosecution under Section 138 of the Negotiable Instruments Act, which is a swift criminal remedy. These avenues do not require Central Government sanction and can provide effective relief.

3. Practical strategy to ensure accountability while avoiding delays
From a practical standpoint, I recommend a dual-track approach. First, send a legal notice for the unpaid loan, giving 15–30 days to repay. If no payment is made, simultaneously file a summary civil suit for money recovery and, if there is evidence of fraud or cheque dishonour, lodge criminal complaints under the Bharatiya Nyaya Sanhita or the Negotiable Instruments Act. This creates immense pressure on the accused to settle. Simultaneously, explore mediation or arbitration as alternative dispute resolution mechanisms, which are faster and less expensive. Avoid relying solely on the MLAT route for criminal prosecution abroad, as that is time-consuming. Instead, focus on domestic civil and quasi-criminal remedies that can yield a monetary judgment or conviction within months. The new criminal procedure code also imposes strict time limits and limits adjournments, expediting trials. This combined strategy maximises leverage and minimises procedural inertia.

4. Legal relevance of the unpaid personal loan and independent remedies
The outstanding loan is highly relevant and gives rise to separate, actionable remedies. Civilly, it constitutes a debt recoverable through a summary suit under Order 37 CPC, which is designed for quick adjudication. Criminally, if the accused borrowed the money with a fraudulent intention at the time of borrowing – for example, by making false promises or concealing material facts – it amounts to cheating under Section 318(4) of the BNS, a cognisable offence. Additionally, if any cheque was issued and dishonoured, Section 138 of the NI Act provides a straightforward criminal remedy with prescribed penalties. These remedies are independent of the main transnational offence and do not require Central Government sanction or MLAT cooperation. Strategically, the existence of this loan enhances your bargaining position – the accused may be willing to settle the entire dispute to avoid criminal conviction and civil liability on this separate count, making it a practical and efficient avenue for accountability.

First of all, please clarify whether the accused was tried and punished in the UK for the alleged offences. If he was, no action lies in India. Otherwise, suitable criminal action can be initiated in India against him after getting the due approval for his prosecution from the Government of India for the alleged offences committed outside India's territorial jurisdiction.

Dear Client,

Your answer is provided in points mentioned below;

1. Firstly, Central Government sanction cannot ordinarily be bypassed where it is required for prosecuting offences committed outside India. It is a statutory requirement, and the investigating agency or court must follow the prescribed procedure.
2. Secondly, If the accused borrowed money and has failed to repay it, your friend may have an independent civil claim for recovery
3. Finally, from a practical approach, the most effective course is to consult an advocate experienced in cross-border criminal law. The advocate can assess whether prosecution in India is feasible, coordinate with the UK authorities for obtaining evidence, and advise whether pursuing criminal proceedings, civil recovery, or both would be the most efficient strategy. This will depend on the strength of the available evidence, the seriousness of the allegations, and the likelihood of securing timely relief.

Thankyou for contacting us, if you have any further queries kindly do not hesitate to contact again. Thankyou.

The requirements are complex but if you have time and resources then you can go ahead nd try