Section 17 in The Indian Contract Act, 1872

17. 'Fraud' defined.—

'Fraud' means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent', with intent to deceive another party thereto or his agent, or to induce him to enter into the contract:—(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

(2)the active concealment of a fact by one having knowledge or belief of the fact;

(3)a promise made without any intention of performing it;

(4)any other act fitted to deceive;

(5)any such act or omission as the law specially declares to be fraudulent.

2) Active concealment is considered an active form of deception and can lead to Fraud under Contract Law

Section 24 of the IPC defines dishonestly as an act done with the purpose of bringing wrongful gain or loss to someone else. This can include theft, deception, or violation of confidence. Dishonestly does not always imply deception or fraud, but rather the desire to cause damage or gain through wrongful means.

if there are arrest warrants against him in India then the police will take appropriate action to put him behind bars, however if the arrest warrants are issued and pending in Kuwait, until and unless that government initiates action through Indian government against him, he and his accomplices will remain free and enjoying the liberty. 

What exactly you want to clarify, do you want any action to be taken against your father and his business partners?

if so, have they done any crime in India or their crimes are confined to that country alone.

It appears that the others have induced or supporting him i this fraudulent act (?)

A person who induces or forces another to commit a crime becomes a principal by induction. It is important for this principal's liability to attach, the person whom he induced or forced must commit the offense. [34] The inducement must be the reason for the commission of the felony.

1. The cause of action took place in Kuwait.

2. Your father was charged at Kuwait as per the Act prevailing in Kuwait.

3. You shall have to arrange to file petitions before he Court at Kuwait. 

Dear Client,         

In the Present Scenario, your father Mr. Jayvir Singh Tomar, is a fugitive from Kuwait since 2016. He has multiple arrest warrants issued against him, and furthermore, a jail sentence for 5 years in Kuwait since 2017 but he did not serve the same. He had taken corporate loans for about Rs. 60 Crores, as a personal guarantor, and refused to pay back the same. There are other directors who know about the fraud, but are nevertheless supporting his business and have created an ecosystem of fraud. Therefore, you wish to enquire what action may be taken against them. Herein, firstly, under the Bharatiya Nyaya Sanhita, previously the Indian Penal Code, action may be taken for cheating and dishonestly inducing people. Further, they may also be liable for criminal breach of trust. Additionally, the money here, can be understood as proceeds of crime, and hence resulting in money laundering. Action may also be taken in accordance to the Companies Act, for fraud, and you may initiate proceedings. However, it is suggested that all the relevant evidences are documented and then a complaint is lodged with the authorities.

Hope you find this answer beneficial for resolving the dispute.

- 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.

- Hence, the names of these accused can be given to the Embassy of India and the said bank for further action against them.