[Story Writer]

In my city, the murder of a 20- something youngster takes place, and the accused, when held revealed to the police that they were asked by the fiancée (Permanent Resident of USA, even as she was born in India) of the victim/deceased to eliminate him, as she promised to marry him (and taking abraod) later on. Now, the question is, if she said so on phone, is there any possibility of the girl being caught and punished (by police) as she is in America (USA). The murder took place in India, in Punjab state.

Please tell.

[AK lawyer]

The suspect is in the U.S.; the crime occurred in India, right?

Certainly. Police do not "punish", but the police in whichever state she is located can arrest her. Assuming the U.S. and India have an extradition treaty, India can extradite her.

[Story Writer]

https://www.indianembassy.org/prdeta...dia-and-the-us

This is the link to extradition treaty. Please check and tell if it is possible. Thanks for the reply.

Now, see the points. The accused girl, living in USA, has just asked the accused to eliminate the victim. She did not do it personally. Moreover, she said it on phone, as the accused claimed. Can such a claim be assumed true by court? Can the calls made some days back be traced? Is phonecall enough proof to indict the 'accused'?

[Fr_Chuck]

Of course, India and the US have tready agreements where the US will arrest and send the person charged with a crime back to India. So if the person in the US is chared with a crime in India, and it is a felony like murder, yes of course they will be sent back to India to stand trial.

[AK lawyer]

https://www.indianembassy.org/prdeta...dia-and-the-us...
Now, see the points. The accused girl, living in USA, has just asked the accused to eliminate the victim. She did not do it personally. Moreover, she said it on phone, as the accused claimed. Can such a claim be assumed true by court? Can the calls made some days back be traced? Is phonecall enough proof to indict the 'accused'?

So this is a piece of fiction you are writing?

Has the victim been murdered or is the murder just in the planning stage? If it's the fomer, you are talking about conspiracy to murder, not murder itself. You would have to check Indian law to see if this amounts to a crime.

[Story Writer]

Ak Lawyer,

The murder took place. (My weak English does not allow me to express myself perfectly).
My question stands - Can someone calling someone (by phone) to promise money for elimination of a certain person be charged with murder?

And, is just statement of the accused enough?
If not, can past phone calls be recovered?
If recovered, can they become proof?
If can become, what if the accused deny having spoken? (What if she had not talked from her own number?)
Will it not be difficult to trace her, if the victim's family has no clue of where she lives?
What if she says, she was just dictating lines of story or drama to the accused and not asking her to kill?

Do such points stand value?

[Fr_Chuck]

There would be telephone records that the call was made ( does not prove what was said)

Phone calls are only recorded if one of the parties have recording equipment.

They can become proof, depending on how collected and if voice can be matched by lab.

Voice print, a recording can be checked and proved if it was them speaking or not.

If living in another country, and they are legal, easy to trace. If living in US, most people are easy to trace

She can say anything she wants, it would be up to the jury to decide at trial if that was the truth or not,

[AK lawyer]

The reason I asked if this was fiction is that you call yourself "Story Writer".

Please understand that while the crime probably must be investigated by the Indian police; it also might be a violation of the criminal law of whaterver U.S. state she was in when she made the phone call. You will have to contact the authorities to see if they are interested in pursuing this.

How do you know what she said on the phone?

[Story Writer]

It is talk of the town, in the place, where the murder took place. However, no body seems to have recorded, as the accused might not have recorded it. Why should she do it? Why should he do it? About my name being STORY WRITER, I like to write stories and so is it.

[tickle]

Story writer, why did you not explain at the outset that this was a basis for fiction? Everyone here thought it was an actual crime. Not exactly fair of you to do so, although it is all over and done with now.

[Story Writer]

Tickle,

You took it wrong. I am not going to write any story. It is something which actually happened in my city, only a week back. Earlier, the reasons behind the murder were not known, but later on when the accused told his parent/father that he needs some money (Rs. 1 lac, as they say) to give to the accomplices, the father came to know about his role. The victim was his nephew, and cousin of the accused. So, the father (of the main accused) went to his brother's house to apprise him of his son's role. The father of the victim called police and revealed the fact to him, and the police exposed the matter to the press from which I learnt about it. As I have a little knowledge of crime and law, some people asked me if the girl abroad (who is said to have motivated the crime) can be held/apprehended. My answer was plain no, as nobody seemed to have recorded her voice. Why will the accused do, after all? They were sure to go scot free. It was only after the police gave severe beating to the accused that they revealed the truth, as it seems to me, as usually the police here beats the accused to make them confess. (Does not it happen in USA?)