Introduction
Imagine you’re an NRI, holding a confirmed flight to Canada, Australia, USA or the UK. You arrive at the airport, boarding pass in hand and suddenly immigration stops you: “Sir/Madam, your departure is blocked. A Look Out Circular (LOC) has been issued against you.”
No prior notice. No court summons. No time to defend yourself. This is the harsh reality for many NRIs, especially in cases involving:
- Matrimonial disputes (BNS Section 85)
- Property disputes with siblings or relatives back home
- Bank loan defaults or cheque bounce complaints
- False criminal allegations by estranged spouses or family members
The Hon’ble Punjab & Haryana High Court has repeatedly held that an LOC cannot be used as a tool of harassment or to force someone to come to India without legal process. Still, many NRIs are stopped unlawfully. This blog is a complete guide on how to get an LOC revoked or cancelled legally.
What Exactly Is a Look Out Circular (LOC)?
A Look Out Circular is a direction or an administrative order issued to immigration authorities to stop a person from leaving India or to detain/intercept them at airports, seaports or borders.It can be issued by:-
- Investigating agencies & police:SSP/SP, Central agencies (CBI, ED, NCB) can request the Bureau of Immigration (BoI) to open an LOC when investigation needs the person to be available.
- Courts:Courts can direct the issuance of an LOC (for example, when a non-bailable warrant/NBW is issued or accused fails to appear).
- Banks / PSBs / financial agencies: In practice some public sector banks and creditors have attempted to request LOCs (e.g., for loan defaults). Courts have questioned/curtailed this practice and the Supreme Court has intervened where such exercise was ultra vires. Look Out Circulars cannot be opened merely on the request of the banks.” Indian Kanoon
Note: The Bureau of Immigration acts on requests (with particulars- name, passport no., DOB, etc.) from the originating agency; it does not independently decide the criminal merit.
Step-by-step guide: How to get the Look Out Circular cancelled?
Case Study:
An NRI businessman from USA was stopped at Delhi Airport while travelling for his business related work. He was shocked to learn that an LOC had been issued against him in a 498A(now section 85 BNS)/dowry case filed by his wife in Punjab. He had never received any notice or summons from the police.
How we approached the Case (Step-by-Step in Practice)
STEP-1: Confirming the LOC
- We contacted the local police station and the concerned SSP to find out who issued the LOC and under which FIR.
- A written request plus an RTI was filed because verbally they were only saying “LOC is active” but not giving details.
- Within 10 days, we got confirmation: LOC issued by SP Ludhiana under FIR u/s 498A, 406 IPC.
STEP-2: Representation Before Police i.e the issuing authority
- We immediately drafted a representation to SSP/SP, Investigating Officer.
- In the representation, it was clearly mentioned:The person is not absconding, is a US citizen, has no summons issued earlier; He is willing to join investigation as and when required; LOC violates Article 21 – Right to Travel.
- No reply came from SSP office within 10 days.
This silence gave us the legal ground to file a Writ Petition before the Hon’ble High Court.
STEP- 3: Filing Writ Petition beforethe Hon’ble Punjab & Haryana High Court
- We filed a Writ Petition under Article 226 against: State of Punjab, SSP Ludhiana & Bureau of Immigration.
- The Court examined the FIR, the conduct of the petitioner and the fact that no notice or summons was ever issued before opening the LOC. The Hon’ble High Court suspended the LOC, allowed him to travel abroad. The Court also observed that LOCs should not be used mechanically in matrimonial disputes to harass NRIs. He left for USA within three days of the order. From abroad, he complied with every direction of the IO through his counsel by filing undertakings, sending documents, and responding whenever required.
Frequently Asked Questions (FAQs)
Q1. Can I still apply for passport renewal if LOC is active?
Passport office may hold renewal. You must get LOC cancelled or obtain court permission first.
Q2. Can I be arrested at airport because of LOC?
Only if a Non BailableWarrant (NBW) or arrest warrant is pending. Otherwise, immigration will just stop you and inform the police.
Q3. Can LOC be issued in civil property disputes?
No. LOC is only for criminal proceedings, not civil disagreements.
Q4. How long does an LOC remain valid?
Generally 1 year, but can be renewed. Court can order immediate removal.
Key Judgments
- “Look Out Circular Must Be Supplied To Person When Stopped At Airport: P&H HC Grants Rs 1 Lakh Compensation To Woman” (P&H HC)
LiveLaw article Live Law
The Court held that when an LOC prevents a person from travelling abroad, the copy of the LOC must be furnished to that person at the airport, the reasons communicated, and there must be a post-decisional hearing; non-supply violated Article 21 of the Constitution. - “Look Out Circular unjustified in absence of adverse effect on economic interest of India” – Vikas Aggarwal vs UOI (P&H HC)
The Court held that issuance of a LOC is not justified solely because of a financial default; there must be an adverse effect on the economic interest of India for using this extreme measure of travel restriction. - “Punjab & Haryana High Court stays lookout circular against former Chief Secretary Sarvesh Kaushal”
Tribune India article The Tribune The Court stayed the operation of an LOC issued at the request of the State Government of Punjab against its former Chief Secretary, restraining coercive steps, thereby recognising limits on administrative issuance of LOCs. - Karti P. Chidambaram v. Bureau of Immigration, The Hon’ble Madras High Court opined that the issuance of LOC, though being an executive decision, was amenable to judicial review under Article 226 of the Constitution of India. In this case, the Court reached a conclusion that the LOC was issued in haste, without following the conditions precedent for issuance of such a drastic action.
Conclusion
A Look Out Circular can destroy travel plans, employment opportunities, immigration status and even PR applications of NRIs. But the law is clear : LOC is not meant to be a weapon of harassment.If you are facing this situation, do not panic. Your legal rights are protected by the Constitution and upheld by the High Courts.
Although there is no specific statute which governs the issuance of LOC but time and again the courts have given paramount importance to the fundamental right to life and liberty and have emphasised that the right is a fundamental right of Indian citizens and reaffirmed that Indian citizens have a fundamental right to travel abroad, as protected by the Passports Act, 1967.One must follow the procedures laid down by law with due diligence inorder to avoid any untoward situation and in case of any ongoing cases, one must take note of the court/case proceedings that are being undertaken before flying in/out of the country.
Author Bio:-
Adv. Hashandeep Singh Sidhu, (BTech MBA LL.B.), Advocate on Record (Punjab & Haryana High Court), NRI cross-border litigation.
Also read:-
https://nrilegalconsultants.in/passport-not-being-renewed/
https://nrilegalconsultants.in/special-power-of-attorney-for-nris/
https://nrilegalconsultants.in/file-a-police-complaint-as-an-nri/