Can a person go abroad while a case is pending

325 votes

Whether a person can travel abroad while a criminal case is pending against them would depend on several factors such as the seriousness of the crime, the stage of the case, and the discretion of the court.

If the person is already on bail or has been released on bond, they may be allowed to travel abroad with the court's permission. In such cases, the person would need to make an application to the court seeking permission to travel abroad and provide reasons for their travel, such as work or medical reasons. The court may impose conditions on the person's travel, such as surrendering their passport or providing a surety.

It is important to note that if a person leaves the country without the court's permission while a criminal case is pending against them, they may be declared a "proclaimed offender" and may face legal consequences upon their return to India.

LawRato LawRato

701 votes

Unless the court has restrained you from travelling abroad you are at liberty to travel. The mere filing of the case, without being coupled with a restraint order from the court, does not prevent the accused from going out of India.

However, it depends on the conditions on which your bail was granted. The conditions of your bail may circumscribe your financial decisions and geographical movements. Regardless of the reason for your planned trip, your ability to leave the country will hinge on the type of crime with which you have been charged, the laws governing bail in your jurisdiction, and the personal proclivities of the judge assigned to your case. If the there is any such condition that you can not travel during the pendency of the case, then you can not go otherwise if your bail is not conditional and if there is no order of restraint operating against you, you are free to travel.

Advocate Vinay Vats LawRato

987 votes

Dear client provide
The full disclosure of facts .
you can go abroad with the permission of the honble court..




. You had to take permission from the court to go abroad

Advocate Sanjeev LawRato

713 votes

If there is no restrain order from leaving the country you may go for short term unless there is a direction for your appearance in person in civil cases. In FIR matter even exemption can be applied by your lawyer. You should not jump the bail.

Advocate S P Srivastava LawRato

844 votes

There is no restriction as such in you going abroad for a short duration during the pendency of your cases. However you should be present, if required on the next date of hearing. In fact to show your deligence in appearing on all dates you can get your appearance marked in person for the date immediately after you return

Advocate Nupur Kumar LawRato

600 votes

well, ideally, you should apply to the court and seek its permission before travelling abroad. however, having said that, if your bail is not conditional and if there is no order of restraint operating against you, you are free to travel. do reveal to anyone that you will be travelling as word may get around to your wife. so stay off facebook and other social media platforms as well.

Advocate Angad Mehta LawRato

331 votes

Yes, a person can go abroad while a case is pending in India, but there are certain considerations and legal procedures to follow:

1. Bail Conditions: If you are out on bail, you must adhere to the conditions set by the court. Some bail orders restrict foreign travel, so it's essential to review your bail terms. Violating these conditions can lead to legal consequences.
2. Permission from the Court: If your bail conditions prohibit foreign travel, you can apply to the court for permission to travel abroad. This request should be made with a valid reason, and the court will decide whether to grant permission based on the merits of your case.
3. Type of Case: The nature of the case also matters. For instance, in cases involving serious offenses or potential flight risks, the court may be more cautious about granting permission to travel abroad.
4. Procedure for 498A: In cases related to Section 498A (cruelty towards a spouse) of the Indian Penal Code, individuals accused may apply for permission to travel abroad. It's essential to follow the legal process and seek court approval.
5. Security Clearance: In some situations, security clearance may be required for international travel. Authorities may deny clearance if there are concerns related to national security or criminal activities.

In summary, a person can go abroad while a case is pending in India, but it depends on factors such as bail conditions, the nature of the case, and court permission. It's crucial to consult with a legal expert to navigate the specific requirements and procedures related to foreign travel in your particular case.

Advocate Chikirsha Mohanty LawRato

199 votes

You are free to travel abroad unless the court has ordered you not to. Even if the court has not issued a restraint, the mere filing of a case does not stop the accused from leaving India. It depends on what conditions were attached to your bail.

Advocate Chikirsha Mohanty LawRato