Can I travel abroad if I have a pending criminal case?

Introduction

Many individuals facing criminal charges in India wonder whether they can travel abroad while their case is pending in court. Travel restrictions depend on the severity of the case, court orders, and whether a Look Out Circular (LOC) or Non-Bailable Warrant (NBW) has been issued.

In this article, we will cover the legal provisions, restrictions, necessary permissions, and how to seek court approval for international travel during a criminal case.

Can You Travel Abroad with a Pending Criminal Case?

The ability to travel abroad while facing a criminal case depends on several factors:

1. Nature of the Criminal Case

  • Minor Offenses (Bailable Offenses): Courts may allow travel abroad if the case involves minor offenses such as traffic violations, defamation, or simple hurt (Section 323 IPC).
  • Serious Offenses (Non-Bailable Offenses): If the case involves serious charges like rape, murder, dowry harassment (Section 498A IPC), or economic offenses, the court may restrict international travel.

2. Bail Conditions & Passport Surrender

  • Courts often impose travel restrictions while granting bail.
  • The accused may be required to surrender their passport to prevent absconding.
  • If the passport is seized or impounded, travel is not possible without special permission.

3. Look Out Circular (LOC) Issued Against the Accused

  • If a Look Out Circular (LOC) is issued, immigration authorities will stop you from leaving India.
  • LOCs are issued for serious offenses, especially in cases of fraud, economic offenses, or under laws like the Prevention of Money Laundering Act (PMLA).

4. Non-Bailable Warrant (NBW) or Court Order

  • If a Non-Bailable Warrant (NBW) is issued, the accused cannot travel abroad.
  • Some courts may impose specific conditions restricting travel even without an LOC or NBW.

5. Permission from Court

  • In many cases, courts allow international travel for legitimate reasons such as employment, medical treatment, or family emergencies.
  • The accused must file an application before the trial court explaining the reason for travel.

What is a Look Out Circular (LOC) and How Does It Affect Travel?

A Look Out Circular (LOC) is issued by law enforcement agencies to prevent a person from leaving the country if they are involved in a criminal case, financial fraud, or other serious offenses.

Who Can Issue an LOC?

  • Police authorities
  • CBI (Central Bureau of Investigation)
  • ED (Enforcement Directorate)
  • Customs and Immigration Department
  • Banks in fraud cases (after approval from authorities like CBI or ED)

How to Check if an LOC is Issued?

  • An accused is usually unaware of an LOC until they are stopped at the airport.
  • The best way to check is to file an RTI (Right to Information) application or approach the court.

Can an LOC Be Removed?

  • An LOC can be challenged in the High Court under writ jurisdiction (Article 226 of the Constitution of India) if it is arbitrary or unfair.
  • The accused must prove they are not a flight risk and are cooperating with the investigation.

How to Apply for Court Permission to Travel Abroad?

If your case is pending, you need to obtain court permission for foreign travel. The process involves:

1. Filing an Application Before the Trial Court

The accused must file an application under Section 437 or 439 of the Code of Criminal Procedure (CrPC) for permission to travel.

2. Contents of the Application

The application should include:

  • Details of the criminal case (FIR number, sections under IPC, stage of trial)
  • Reason for travel (employment, medical treatment, business, family emergency, etc.)
  • Duration of travel and return date
  • Undertaking to appear before the court on required dates
  • Surety or bond, if required by the court

3. Hearing Before the Court

The court will consider:

  • The seriousness of the offense
  • The stage of the trial
  • Whether the accused is cooperating with the investigation
  • Whether the accused is a flight risk

4. Court Decision

  • If the court is satisfied, permission is granted with conditions (such as deposit of passport copy, return date confirmation, and surety).
  • If there is a risk of absconding, the court may reject the application.

Can the Passport Be Confiscated During a Criminal Case?

Passport Act, 1967 – Section 10(3)

Under Section 10(3) of the Passport Act, 1967, the Government of India can:

  • Impound or revoke a passport if the individual is involved in a criminal case.
  • Deny renewal of a passport if the case is pending.

What if Your Passport is Already Seized?

  • If the passport is confiscated, you can file an application under Section 482 CrPC in the High Court for its return.
  • If travel is essential, apply for a temporary passport with court approval.

Landmark Supreme Court Judgments on Travel Restrictions

  1. Maneka Gandhi v. Union of India (1978)
    • The Supreme Court ruled that the right to travel abroad is part of personal liberty under Article 21 of the Constitution.
    • However, this right can be restricted in certain cases.
  2. Satwant Singh Sawhney v. D. Ramarathnam (1967)
    • The Supreme Court held that a passport cannot be arbitrarily denied to an Indian citizen.
  3. Suresh Nanda v. CBI (2008)
    • The court held that passport confiscation is unnecessary if the accused is cooperating.

Frequently Asked Questions (FAQs)

Q1. Can I travel abroad if my case is still under investigation?

It depends on the nature of the case. If no travel restrictions have been imposed, and no LOC is issued, you may travel after informing the investigating officer or court.

Q2. Can I travel abroad while out on bail?

If bail conditions restrict travel, you must obtain special permission from the court before traveling.

Q3. Can I get a new passport if I have a pending criminal case?

If the case is serious, the passport authority may refuse to renew your passport. You need a No Objection Certificate (NOC) from the court.

Q4. What happens if I travel abroad without court permission?

If you violate travel restrictions, the court may:

  • Issue a Non-Bailable Warrant (NBW).
  • Cancel your bail.
  • Initiate proceedings under Contempt of Court.

Q5. Can I apply for a visa if I have a criminal case?

Each country has different visa policies. Countries like USA, UK, Canada, and Australia may deny a visa if you have a serious pending criminal case.

Q6. Can an FIR alone stop me from traveling?

An FIR alone does not restrict travel unless a court order, LOC, or passport impoundment is in place.

Q7. How can I remove an LOC issued against me?

You can file a writ petition in the High Court under Article 226 of the Constitution to challenge the LOC.

Q8. Can I travel if I am summoned by the court?

If you have been summoned to appear in court, you must attend. Travel may not be allowed without prior permission.

Conclusion

While having a pending criminal case does not automatically prohibit foreign travel, restrictions depend on the case’s severity, bail conditions, and court orders. Always seek legal advice before planning international travel and ensure proper permission is obtained from the court to avoid legal complications.

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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