Can person go abroad if the case is going on against him

82 votes

A person can go abroad while a case is going on against them and they are on bail, but it is subject to certain conditions and restrictions imposed by the court.

When a person is released on bail, the court may impose certain conditions on them, such as surrendering their passport, not leaving the jurisdiction of the court, or seeking permission from the court before leaving the country. These conditions are intended to ensure that the person does not flee the country to avoid facing charges against them.

If the court has not imposed any such conditions, then the person is free to travel abroad. However, they must ensure that they are available to attend court hearings as and when required, failing which their bail may be revoked.

It is always advisable for a person who is on bail and wants to travel abroad to seek permission from the court before doing so.

LawRato LawRato

625 votes

No, you can't go anywhere as it is compulsory for you to be present in the court on every date of hearing except in the case the court allows your exemption. For this you can file an application for permanent exemption from appearing before the court and its upto the court whether he allow you or not. But in that case too you have to come present before the court whenever court feels like your presence is necessary for proper persual of the case. If you still avoid presence before the court, arrest warrants wil be issued against you and lateron you will be declared as Proclaimed Offender.

Advocate Nikhil Gupta LawRato

503 votes

You do not have to obtain permission from the court unless the order pass by the judge while granting you bail explicitly states that you are not allowed to leave the country until the matter is pending. You must read your bail order carefully. Fix a meeting in case you need assistance.

LawRato LawRato

625 votes

Hello first of all please tell me .what case and section s .and which time going on your matter in the court .you can permission before the court with application.

Advocate Neelam Rai LawRato

362 votes

  When a person is facing a criminal case in India and wishes to travel abroad, several factors come into play:

1. Bail Status: If the person is granted bail by the court, they may be allowed to travel abroad subject to certain conditions. It's essential to adhere to any specific conditions set by the court, such as surrendering the passport when not traveling.
2. Court Permission: It is generally necessary to obtain court permission before traveling abroad while a criminal case is ongoing. The court may grant such permission based on the nature of the case and the urgency or importance of the travel.
3. FIR and Civil Cases: Whether one can travel abroad while facing an FIR (First Information Report) or a civil case depends on the specific circumstances and any court orders. In many cases, FIRs or civil cases may not have the same restrictions as criminal cases.
4. Job-Related Travel: If the purpose of travel is for a job opportunity, the court may consider it and grant permission if it is deemed necessary for the person's livelihood and doesn't hinder the legal proceedings.
5. Compliance: It is crucial to comply with all legal requirements and court orders regarding travel abroad. Failure to do so may result in legal consequences.
6. Legal Consultation: It is advisable to consult with a legal expert or your attorney who can provide guidance specific to your case and help you navigate the legal procedures associated with traveling abroad while facing a criminal case.

In summary, it is possible for a person facing a criminal case in India to travel abroad, but it typically requires court permission and compliance with specific conditions. The ability to travel may vary depending on the nature of the case and the individual circumstances.

Advocate Chikirsha Mohanty LawRato

390 votes

The fact that an FIR was registered in the name the accused does not entail a restriction on their freedom to travel abroad. This right, however, is not absolute or unrestricted. It is subject to reasonable limitations, which are determined by the court, and may be curtailed through any legal procedure.

Advocate Chikirsha Mohanty LawRato