An Australian resident accused under section 85 of the Bharatiya Nyaya Sanhita (formerly section 498A IPC) or the Dowry Prohibition Act can usually defend the case without first travelling. We obtain the complaint and FIR, apply for anticipatory bail for you and your family, check whether a Look Out Circular or passport action has been sought, and, where the allegations are vague or a settlement has been reached, petition the High Court to quash the case.
- Document route
- Australian notary public, then apostille from DFAT
- Time difference
- Australia is 2h30 (Perth) to 5h30 (Sydney and Melbourne in summer) ahead of IST
- Offence
- BNS 85 and 86 (old IPC 498A)
- Anticipatory bail
- BNSS 482 (old CrPC 438)
498A & Dowry Case Defence from Australia: how it works
We start by getting the complaint, FIR and any police notices, and by finding out whether the matter is still at mediation in a women's cell or has become a registered case. Elderly parents named in India often need anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita (formerly section 438 CrPC) urgently. For you in Australia, we consider bail, whether police have issued a notice to appear, and whether a Look Out Circular has been opened. Affidavits and vakalatnamas are signed in Australia before a notary with a DFAT apostille.
If the case proceeds, the police file a report and the court frames charges, with your appearance often permitted through counsel or by video after bail. Where the complaint lacks specific allegations against relatives, the High Court may quash it under section 528 BNSS (formerly section 482 CrPC), and courts also quash cases after a genuine settlement. Settlement terms often include a mutual consent divorce in India. Anything you say in Australian family proceedings or intervention order hearings can be used in India, so we coordinate with your Australian lawyer.
What clients in Australia should know
- An Australian family violence or intervention order obtained by your wife is a separate matter, and how you respond to it should be consistent with your defence in India.
- Do not fly to India on an assumption that the matter is minor; check first for a Look Out Circular, which can stop you at the airport on arrival or departure.
- Indian police sometimes approach the passport authority to impound an accused's passport, and holding an Australian passport does not end the Indian case, though it changes how the authorities proceed.
Step by step from Australia
Video consultation
A call at a time that suits Australia, after we have read your documents.
Documents signed in Australia
Australian notary public, then apostille from DFAT
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Australia where needed.
The full guide
This page covers what changes when you are in Australia. For the law, the documents and the step-by-step procedure, read our main page on 498A & Dowry Case Defence, or see all services for clients in Australia and the Cross-Border Family Law practice area.
Questions from clients in Australia
Can I be arrested when I land in India?
If a Look Out Circular is open and you have no protection from arrest, immigration can detain you and inform police. Anticipatory bail before travel is the usual safeguard.
Can the case be quashed if we settle?
Yes, the High Court can quash a matrimonial case on a genuine settlement, typically alongside a mutual consent divorce. The court checks that the settlement is voluntary.
Do I have to attend every hearing?
Usually not. After bail, the court can exempt personal appearance and allow your lawyer to appear, though you may need to attend for specific stages.