Can a Person Travel Abroad with a 498A Case?

Introduction

A person facing a Section 498A IPC case may face restrictions on traveling abroad, depending on several legal factors such as bail conditions, court orders, the presence of a Lookout Circular (LOC), or if their passport has been impounded. However, international travel is not automatically restricted just because a 498A case has been filed. Whether travel is allowed or not depends on the stage of the case, the court’s discretion, and any restrictions imposed on the accused.

Understanding Section 498A IPC

Section 498A of the Indian Penal Code (IPC) is a criminal provision that deals with cruelty by a husband or his relatives against a wife, primarily related to harassment for dowry or domestic abuse. This law is:

  • Cognizable – Police can register an FIR and arrest the accused without prior court approval.
  • Non-Bailable – Bail is not granted as a matter of right; court intervention is required.
  • Non-Compoundable – The case cannot be withdrawn by mutual agreement unless quashed by the High Court under Section 482 CrPC.

Since 498A is a criminal case, it may lead to restrictions on international travel, especially if the court feels the accused may abscond to avoid trial.

Key Factors That Determine Whether an Accused Can Travel Abroad

1. Presence of a Lookout Circular (LOC)

  • If the wife (complainant) expresses concerns that the accused might leave India to evade legal proceedings, the police may issue a Lookout Circular (LOC) against the accused.
  • An LOC alerts immigration authorities, and the accused may be stopped at the airport and prevented from leaving the country.
  • The accused can challenge the LOC in the High Court and seek its cancellation.

2. Bail Conditions and Travel Restrictions

  • If the accused is out on bail, the court may have imposed restrictions on international travel as a condition of bail.
  • Some bail orders explicitly prohibit foreign travel without prior court approval.
  • If no such condition exists, the accused can legally travel abroad, provided there is no LOC or passport-related restriction.

3. Passport Impounding by the Court

  • Under Section 10(3)(e) of the Passports Act, 1967, the court has the power to impound the accused’s passport.
  • If the passport is impounded, the accused cannot travel abroad unless the case is resolved or the court allows them to apply for a new passport.
  • If the passport is not impounded, the accused can travel freely unless other restrictions exist.

4. Status of the 498A Case

  • Before Chargesheet Filing: If no FIR has been registered or the case is still under investigation, the accused can travel without restrictions, unless the police impose conditions.
  • After Chargesheet Filing & During Trial: Once a chargesheet is filed, the accused may need to appear for court hearings, and the court may impose travel restrictions to ensure presence.
  • After Conviction: If convicted, the accused cannot travel abroad unless bail is granted pending appeal.

5. Requirement of Court Permission for Travel

  • If travel restrictions exist, the accused must apply for permission from the court handling the 498A case.
  • The court will consider:
  • Reason for travel (work, medical treatment, family emergency, etc.).
  • Whether the accused is a flight risk.
  • Whether the accused has been regularly attending court hearings.
  • If the court grants permission, the accused can legally travel abroad.

Process to Seek Court Permission for International Travel in a 498A Case

If the accused wishes to travel abroad but has travel restrictions, they must follow this process:

Step 1: File an Application in Court

  • The accused must submit a written travel permission application before the trial court.
  • The application should include:
  • Reason for travel (business, job, medical, personal emergency, etc.).
  • Duration of travel and return date.
  • Details of the destination (country, address, and contact information).
  • Supporting documents (flight tickets, visa, medical reports, job offer, etc.).

Step 2: Court Hearing and Arguments

  • The court will hear arguments from both sides.
  • The prosecution or complainant (wife) may object if they believe the accused might flee or delay proceedings.
  • The court will evaluate whether granting permission would affect the case.

Step 3: Court Decision

  • If satisfied, the court may allow travel with conditions like:
  • Deposit of security or surety.
  • Providing a written undertaking to return.
  • Informing the investigating officer before departure.
  • If rejected, the accused can appeal to a higher court.

FAQs on Traveling Abroad While Facing a 498A Case

1. Can a person out on bail in a 498A case travel abroad?

Yes, if the bail order does not impose travel restrictions, the person can travel abroad. If restrictions exist, court permission is required.

2. Can immigration authorities stop a person with a 498A case from traveling abroad?

Yes, if a Lookout Circular (LOC) has been issued, the accused may be stopped at the airport. Otherwise, immigration authorities cannot stop travel unless there is a specific court order.

3. Can an accused in a 498A case apply for a passport renewal?

Yes, unless the court has ordered passport impounding, an accused can apply for a new passport or renewal. However, they may need to submit a No Objection Certificate (NOC) from the court.

4. How can someone check if a Lookout Circular (LOC) has been issued against them?

An LOC is not publicly available, but an accused can:

  • File an RTI request with the Ministry of Home Affairs or Immigration Department.
  • Ask their lawyer to check with the local police station.
  • Approach the High Court to challenge the LOC.

5. What happens if someone travels abroad without court permission while facing a 498A case?

If court permission was required but not obtained:

  • The bail may be canceled.
  • A Non-Bailable Warrant (NBW) may be issued.
  • The accused may be declared a Proclaimed Offender under Section 82 CrPC.

6. Can a person facing a 498A case work or study abroad?

Yes, but they may need court permission if there are travel restrictions. If there are no restrictions, they can travel freely.

7. Can a Lookout Circular (LOC) be removed?

Yes, an accused can file a petition in the High Court to challenge and seek cancellation of an unjustified LOC.

Conclusion

A person facing a 498A case can travel abroad if there are no travel restrictions imposed by the court, no Lookout Circular (LOC), and no bail conditions preventing travel. However, if any restrictions exist, the accused must obtain prior permission from the court before leaving India.

To avoid legal complications, it is always advisable to consult a lawyer before making international travel plans.

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.

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

Contact: 88271 22304

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