Introduction

Cybercrime allegations against Non-Resident Indians (NRIs) can trigger serious legal consequences in India. Authorities investigate such cases under the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023, and the Bharatiya Nagarik Suraksha Sanhita, 2023. These laws define offenses, outline investigation procedures, and regulate trial processes. If the accused resides abroad, extradition proceedings may also begin. NRIs must understand their legal position and respond strategically.

Which Laws Apply to Cybercrime Cases Involving NRIs?

The Information Technology Act criminalizes hacking, identity theft, online fraud, and unauthorized data access. Section 66 deals with computer-related offenses. Section 66C addresses identity theft. Section 66D covers cheating by personation using computer resources. Punishments can extend up to three years of imprisonment and fines that may reach ₹5 lakhs or more, depending on the offense and repetition. The Bharatiya Nyaya Sanhita supplements the IT Act in cases involving cheating, forgery, or criminal breach of trust. If the cyber offense involves financial fraud or impersonation, authorities may invoke additional provisions under this criminal code. The Bharatiya Nagarik Suraksha Sanhita governs criminal procedure. It regulates FIR registration, arrest rules, bail, and trial. Even if the accused resides outside India, Indian authorities can initiate proceedings if the crime affects Indian citizens or infrastructure.

How Is an FIR Registered Against an NRI?

Police must register a First Information Report for cognizable cyber offenses. They can file a Zero FIR irrespective of territorial jurisdiction and later transfer it to the appropriate police station. Complaints may even originate through digital communication, including email submissions. After registration, law enforcement agencies begin investigation. If evidence lies abroad, courts may issue Letters Rogatory through the Ministry of Home Affairs to seek cooperation from foreign authorities. In complex cases, agencies coordinate with international cybercrime units.

Can an NRI Be Arrested in a Cybercrime Case?

If the NRI is present in India, the police may arrest the accused following due procedure under the Bharatiya Nagarik Suraksha Sanhita. The accused can apply for anticipatory bail before arrest if apprehending detention. If the NRI resides abroad, authorities may seek a Look Out Circular or request assistance through INTERPOL channels. However, so-called “digital arrests” have no legal basis. Physical custody requires lawful arrest procedures, proper documentation, and judicial oversight.

How Does Extradition Work in Cybercrime Cases?

If an NRI remains outside India and avoids investigation, authorities may initiate extradition under the Extradition Act, 1962. Extradition requires a treaty between India and the foreign country. The offense must satisfy the principle of dual criminality, meaning it must be punishable in both jurisdictions. A magistrate examines whether prima facie evidence exists. The Central Government then decides whether to proceed with surrender. The accused may challenge the decision before higher courts. Cybercrimes often qualify for extradition because they typically involve serious financial or data-related offenses punishable by more than one year of imprisonment.

Can India Prosecute NRIs for Crimes Committed Abroad?

Yes. Indian citizens, including NRIs, can face prosecution in India for certain offenses committed abroad if those acts impact India. Authorities may require sanction from the Ministry of Home Affairs before proceeding. This provision ensures accountability for cross-border cyber offenses affecting Indian systems or victims.

What Legal Options Do NRIs Have During Proceedings?

NRIs can appoint a Special Power of Attorney holder in India. The document must be attested by the Indian Embassy or apostilled abroad and properly stamped in India. The representative can file bail applications, attend hearings, and coordinate with legal counsel. Early legal consultation is critical. Courts examine digital evidence carefully, including IP logs, financial records, and electronic communications. Response to notices, cooperation with investigation, and proper legal defense significantly influence the outcome.

Conclusion

Cybercrime allegations against NRIs involve a structured legal framework under the Information Technology Act, Bharatiya Nyaya Sanhita, and Bharatiya Nagarik Suraksha Sanhita. Authorities can register FIRs, conduct cross-border investigations, and even initiate extradition under the Extradition Act. NRIs must act swiftly, secure experienced legal representation, and understand their procedural rights. Proper legal strategy ensures protection of rights while addressing serious cybercrime charges under Indian law.