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Motor vehicle accident and FIR filed
03-Jan-2025 (In Criminal Law)
I was riding my scooter on the main road when another scooter coming from a side land cut me and had a fall. He suffered a leg fracture and filed a FIR against me for rash driving and causing grievous hurt. As FIR is pending can I travel abroad for work and holiday and will it affect my PCC if I need one.
In general, a pending FIR or criminal case doesn't automatically prevent you from traveling abroad, unless there are specific conditions:Â
You were granted bail with a condition that you won't leave the country or need court permission to do soÂ
You're applying for a passport and must complete an undertaking that mentions all pending criminal casesÂ
need to file application in court to traveling abroad for work and holiday court will allow on good merits.
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Adv. Joyson Pereira
VasaiVirar | 25+ Answers
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As per Indian law, the mere filing of an FIR under Sections 279 (rash driving) and Section 338 (causing grievous hurt) of the Indian Penal Code does not automatically restrict travel abroad. However, if the court imposes specific restrictions or summons, compliance is mandatory. For a Police Clearance Certificate (PCC), the pending FIR may impact issuance depending on local police verification.
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Adv. Ranabir Datta
Pune | 100+ Answers
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It should not affect your travel as the crime is not intentional unlike intentional criminal acts which are severe in nature. You should not face any issues. Usually police does not issue lookout circulars in these cases. Having said that you can go for FIR quashing as thee act done by you was accidental and not intentional.
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Adv. Imran Asgar Sayed
Mumbai | 25+ Answers
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Well, if you have been accused of mere negligence, then, you can travel abroad, however, if the charge upon you is of commiting culpable homicide by Rash Driving or Charge of Intentional Attempt to Murder by rashing Car, then, you will not be allowed to travel abroad during trial without seeking concerned court's permission.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Before answering your question, the important aspect which I would like to know is that, did you secure the bail ? Were any conditions imposed upon on while granting the bail ? Is the chargesheet filed by the police ?
If the Court has imposed restrictions on your travel outside India; in that case prior permission for the court is necessary. The same is usually granted.
Certainly I should not affect in getting PCC, subject to you being candid to make such disclosure in the application as offence is not that grave.
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Adv. Rahul Pardeshi
Pune | 50+ Answers
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