PANAJI
The Goa government has put in place a structured mechanism to fast-track the handling of criminal cases against foreign nationals, particularly where prosecution may be withdrawn to enable their deportation.
The Home Department’s Foreigners and Citizenship Division, under the new framework, has nominated the Directorate of Prosecution as the nodal agency responsible for maintaining records and ensuring the prompt disposal of such cases. The decision comes following a Standard Operating Procedure (SOP) adopted earlier in February in a bid to streamline legal processes involving foreigners.
At the State level, a Screening Committee has been constituted, chaired by the Chief Secretary or Home Secretary, with senior officials from the law department, police, Foreigners Regional Registration Office (FRRO), and the prosecution wing as members. The panel will examine cases recommended by district-level committees and may seek inputs from other departments where required.
The committee will also handle cases that require clearance from the central government under provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. In certain categories of cases under the erstwhile Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939 & the Foreigners Act, 1946 and under the Immigration and Foreigners Act, 2025, the FRRO is authorized to give the requisite consent of the Central Government.
The District Level Screening Committees (DLSCs) have also been set up across North Goa, South Goa and Kushavati districts. Headed by the respective district magistrates, these committees comprise police and prosecution officials for reviewing cases on a quarterly basis to determine whether withdrawal from prosecution is warranted.
As per the notified order, the district committees are required to assess each case on merit, taking into account legal implications, public interest and broader national or international considerations. Cases involving serious offences, organised crime links, Interpol notices or extradition requests will undergo closer scrutiny before any recommendation is made.
While DLSCs can take a final call in cases involving offences punishable up to three years, more serious matters or those requiring central approval will be escalated to the state-level committee. Any withdrawal from prosecution will ultimately require the consent of the trial court under the BNSS.
“In cases filed against a foreigner under the NDPS Act and in cases of foreigners involved in smuggling cases under the Customs Act, 1962, the DLSC may also examine as to whether the foreigner involved is a part of any organized crime syndicate having internal or international linkages before taking a decision on withdrawal from prosecution,” it said adding, “while considering the cases for withdrawal from prosecution in cases filed against a foreigner, the DLSC may also consider whether the case falls in any of the following categories -- Involving Interpol Notices issued by a foreign Government, extradition requests from third countries, treaty obligations to prosecute certain crimes under international law (e.g., torture, war crimes). All such cases may be examined thoroughly before taking a final decision.”
