Can I go abroad if I have a case in India?

Asked by: Miss Aurelia Schoen  |  Last update: July 28, 2025
Score: 4.2/5 (52 votes)

New Delhi: The mere pendency of a criminal case does not automatically disqualify a person from seeking long-term opportunities abroad, Delhi High Court has said while directing the passport authorities to issue, within two weeks, a police clearance certificate (PCC) to a man who has pending criminal cases and needs to ...

Can I leave the country with a pending court case in India?

Unless a Look Out Circular is issued against an accused, airports do not know the criminal antecedents of a person, or if a person is released on bail in a criminal case. Thus, it is not a problem to leave the country if you have a Court case pending.

Can I leave the country if I have a court case?

For civil cases, generally, there are no restrictions on travel unless specifically ordered by the court. However, if it's a criminal case, you may have conditions placed on your travel, especially if you've been released on bail or your travel could be seen as a risk of flight.

Can you go abroad if you have a civil case in India?

Subject to order of court there is no restriction to travel abroad. If there is no such order passed by the Court, therefore you may travel without any hesitation. It is further clarified that in case the employer demand your presence the same may be objected by your lawyer.

Can you travel internationally with a pending case?

Courts often order the person to obtain specific permission if they want to leave a specified area, and in most cases will not allow any travel abroad prior to the resolution of the case. In more serious cases, a person's passport will be seized by the Court.

Can You Go Abroad If There Is A Criminal Case Against You? | Advocate Srinivas Chauhan | Socialpost

25 related questions found

What crimes prevent international travel?

In general it is very difficult, if not impossible, to travel to any country if you have a record of convictions for violent or sexual crimes, repeated convictions for felonies, or a recent conviction for a serious crime.

Can you fly if you have a court date?

Unless there are conditions of your release, that do not allow you to travel, it is at your discretion but you always want to confirm, with your attorney. As long as you return, prior to the court date there should be no issue but with felony cases it is always best to get permission, if there is concern.

How long does a civil case last in India?

How long does civil case take? The duration of a civil lawsuit depends on the issues of the case, the amount of discovery to be conducted and court availability. Civil lawsuits can take anywhere from several months to several years.

Do airports know if you're on bail?

Airport security can access the Passenger Name Record, which might include additional information flagged by law enforcement agencies, especially if the person's bail conditions include travel restrictions.

Can I get a passport if a criminal case is pending in India?

Delhi High Court allows man with pending criminal cases to seek opportunities abroad, orders passport authorities to issue police clearance certificate.

Can you get on a plane with an open case?

While it's technically possible to board a flight with an open arrest warrant without TSA interference, risks abound. From local police presence at airports to CBP checks during international travel, the potential for arrest is real. It's crucial to consult with a legal expert to understand your options and risks.

Can a petitioner leave the country?

You must not travel outside of the U.S. while the petition is pending. Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned.

Can you settle a criminal case out of court USA?

You can settle a criminal case by a plea bargain, which is the way most criminal cases are resolved. But that's in court. A judge has to approve it, and it involves a judgement of guilty and a sentence.

On what grounds can a case be dismissed in India?

Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case. Judges can dismiss a case either on their own motion or on the motion of the defendant.

What happens if you leave the country while on bail?

Leaving California on Bail with a Bond

In this instance, a warrant for re-arrest will be issued, even if your travel plans were for legitimate reasons.

Can I get PCC if I have pending case in India?

The Court found it evident that the only ground for denying the PCC was the existence of pending FIRs against the petitioner. However, the Court emphasized that mere pendency of a criminal case does not automatically disqualify an individual from exercising their right to seek long-term opportunities abroad.

Can TSA see your criminal record?

However, to safeguard the ranks of this vital agency, a rigorous and thorough background check was set into place as part of the TSA hiring process. From checking credit rating to unpaid debts, and criminal convictions, there are a number of factors that can you lead to automatic disqualification.

What is flight risk for bail?

What happens if you are a flight risk? If a judge believes you may flee rather than return to court, a higher bail may be set, or bail may be denied altogether. On the other hand, if you are considered a low flight risk, your bail may be lower or you may even be released on your recognizance.

Will my probation officer know if I leave the country?

Unless your PO hears something that makes him or her want to see your passport, he won't know of the trip. I wouldn't brag about this. You never know who may want to report you. Do you need me to clarify anything or to give you more information?

How to speed up a civil case in India?

Gather all relevant documents, evidence, and witnesses in advance. Organize your materials in a logical and accessible manner to facilitate quick reference during proceedings. Pleadings and Motions: File clear and concise pleadings, such as complaints or responses, that outline your claims or defenses.

How long do civil cases stay on record?

Generally, information about a lawsuit or a judgment against you can be reported for seven years or until the. Bankruptcies can stay on your report for up to ten years. There is no time limit for criminal convictions.

Can you leave the country if you have a court case?

Courts generally allow or disallow foreign travel on a case-by-case basis, and you should speak with your attorney before leaving the country. Your lawyer can then speak with the court, help you contact foreign agencies, and ensure you can travel without restriction or issue.

Do airports check for warrants on international flights?

While domestic travelers may not be subject to routine warrant checks, international air travel often involves more stringent checks. If it is detected, the person with misdemeanor warrant may face legal consequences, including fines or potential arrest.

Can I fly if I'm out on bail?

Can You Travel While on Bail? Whether you can travel while on bail largely depends on the specific conditions set by the court. In some cases, you may be allowed to travel freely within certain boundaries, while in others, you might need explicit permission to leave your home area.