leaving india to study in another country

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Your ability to leave India for studies while a criminal case is pending depends on several factors. Since an FIR has been registered against you under Section 67B of the IT Act, 2000, and the case is being handled by the CBI, the legal scrutiny will be higher. If you were arrested and granted bail, the court may have imposed travel restrictions, such as surrendering your passport. Even if no such restriction exists, you may still need explicit court permission to travel abroad. To obtain permission, you will have to file an application before the Special CBI Court or the relevant trial court, explaining your reason for travel and providing assurances that you will return for trial proceedings. The court will consider factors like the seriousness of the charges, the genuine need for travel, your past compliance with legal procedures, and objections raised by the CBI. If the court grants permission, it may impose conditions such as a personal bond, surety, or an undertaking to return. If denied, you will not be able to leave India legally. Even if the court allows travel, obtaining a student visa could be challenging. Countries like the US, UK, Canada, and Australia often conduct background checks, and a pending criminal case—especially under Section 67B IT Act—might lead to visa rejection. To proceed, apply for court permission as early as possible, check visa eligibility before applying, and strictly comply with any conditions imposed by the court. Without court approval, attempting to leave India could have legal consequences. If you need help drafting a travel permission application, let me know.

Advocate Sandipan Mohanty LawRato