When a false case is filed against a man in India, one of the biggest concerns is whether he can travel abroad for work, education, business, or personal reasons. The answer depends on the nature of the case, stage of proceedings, and the court’s discretion. While Indian law does not impose a blanket ban on foreign travel during pendency of a criminal case, certain restrictions may apply depending upon the gravity of the alleged offence.
Relevant Legal Provisions
- Section 437 & 438 of the Criminal Procedure Code (CrPC) –
These sections deal with bail and anticipatory bail. Courts may impose conditions while granting bail, such as surrendering the passport or seeking prior permission before traveling abroad. - Section 104 of the CrPC –
The court can impound documents, including a passport, if necessary for investigation or trial. - Section 41 & 41A of the CrPC –
Police have powers to arrest, but for certain offences, they must issue a notice of appearance instead of immediate arrest. This affects whether a man can freely travel during investigation. - Passports Act, 1967 (Section 10(3)(e)) –
The passport authority can impound or revoke a passport if proceedings in respect of an offence alleged to have been committed are pending before a criminal court. - Look Out Circulars (LOCs) –
If the police or investigating agencies suspect that an accused may abscond, they can issue a LOC at airports, which prevents the accused from leaving India without court permission.
Procedure for Traveling Abroad During Pending Case
- If Bail Conditions Restrict Travel
- The accused must apply to the trial court or High Court for permission to travel abroad.
- Courts usually ask for details like travel purpose, duration, and itinerary.
- Sometimes, courts may order the accused to deposit a security or provide surety.
- If Passport is Impounded
- An application can be made before the concerned court for release of the passport.
- Alternatively, one can approach the passport authority under the Passports Act.
- Courts balance the right to travel with the interest of justice.
- If a Look Out Circular Exists
- The accused has to move the trial court or High Court to cancel or suspend the LOC.
- If permission is granted, immigration authorities are informed, and travel becomes possible.
- If No Restrictions are Imposed
- The accused can travel freely but should intimate the investigating officer or court to avoid allegations of absconding.
- Transparency helps in showing bona fide conduct.
Judicial Precedents
- Satwant Singh Sawhney v. D. Ramarathnam (AIR 1967 SC 1836) – Supreme Court held that the right to travel abroad is part of the fundamental right to personal liberty under Article 21 of the Constitution.
- Maneka Gandhi v. Union of India (1978) – The court reiterated that the government cannot arbitrarily restrict a citizen’s right to travel abroad without reasonable justification.
- Samar Singh v. State of Rajasthan (1996) – The court observed that while the right to travel is fundamental, it can be regulated if criminal proceedings are pending.
Practical Guidance for Men Facing False Cases
- Apply for Anticipatory Bail Immediately if there is a chance of arrest.
- Check Bail Conditions to see if court permission is needed for travel.
- Do Not Hide Travel Plans – always inform the court or police about genuine reasons.
- Keep Documentation Ready – invitation letters, company letters, medical records, or tickets.
- Seek Modification of Bail Conditions if they are too restrictive.
FAQs on Traveling Abroad During a False Case
Q1: Can a man automatically travel abroad while a case is pending?
No. He must check bail conditions and passport status. Court permission may be needed.
Q2: What if the court has ordered passport surrender?
The man must file an application before the same court for temporary release of the passport.
Q3: What if he travels abroad without informing the court?
It may be treated as violation of bail conditions and can lead to cancellation of bail or issuance of a warrant.
Q4: Can police stop him at the airport?
Yes, if a Look Out Circular (LOC) is issued, immigration authorities can stop him.
Q5: Can the High Court permit foreign travel despite a pending case?
Yes. High Courts exercise inherent powers under Section 482 CrPC to allow foreign travel on reasonable grounds.
Q6: Does every pending case restrict international travel?
No. Minor offences (bailable offences with small punishments) may not attract travel restrictions. Serious offences often do.
Q7: Can a man challenge restrictions on foreign travel?
Yes. He can challenge restrictions before the High Court under Articles 226 and 21 of the Constitution of India.
Conclusion
A man can travel abroad while a false case is pending, but he must follow legal procedures carefully. The right to travel abroad is protected under Article 21 of the Constitution, yet it can be regulated by the court to ensure the accused does not evade trial. The man should always seek prior permission from the court if his bail conditions or pending proceedings restrict foreign travel. With proper legal strategy and bona fide conduct, courts generally allow travel abroad for genuine purposes like employment, medical treatment, or education.
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