Can a Person Travel Abroad After Getting Bail?

A person who has been granted bail may or may not be allowed to travel abroad, depending on the court’s conditions and the nature of the offense.

Key Factors Affecting International Travel After Bail

1. Conditions Imposed by the Court

  • When granting regular bail under Sections 437 and 439 of the CrPC, courts often impose conditions such as:
    • Surrender of passport to prevent fleeing.
    • Permission required from the court for foreign travel.
    • Regular reporting to the police station, which may restrict movement.

2. Type of Offense and Severity of Charges

  • Minor or Bailable Offenses
    • If the offense is not serious, the court may allow international travel.
    • The accused can apply for temporary permission to travel abroad.
  • Serious or Non-Bailable Offenses
    • In cases involving serious crimes (murder, economic fraud, sexual offenses, corruption, etc.), courts generally restrict foreign travel.

3. Whether the Passport is Impounded

  • Under Section 10(3)(e) of the Passports Act, 1967, the authorities can impound or revoke the passport of a person facing criminal charges.
  • If the passport is impounded, the accused cannot travel abroad unless the passport is restored through a court order.

4. How to Seek Permission for Travel?

If the court has restricted foreign travel, the accused must:

  1. File an application in the same court that granted bail, explaining:
    • Purpose of travel (business, medical treatment, family emergency, etc.).
    • Duration and country of travel.
    • Assurance of return and compliance with bail conditions.
  2. Prosecution’s Response: The court may seek objections from the prosecution.
  3. Court’s Decision: The court may:
    • Allow travel with conditions (such as a higher surety bond).
    • Deny travel if it believes there is a risk of the accused fleeing.

5. Consequences of Traveling Without Permission

  • Violation of bail conditions may lead to cancellation of bail under Section 439(2) CrPC.
  • If a person absconds, a non-bailable warrant (NBW) or Lookout Circular (LOC) may be issued.

Conclusion

A person on bail cannot automatically travel abroad unless the court permits it. If foreign travel is needed, the accused must seek court permission and comply with any conditions imposed.

Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

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