Anish Gupta (Consultant) 04 March 2014

International travel when accused of criminal charges

Hi Experts,

I met with an accident last year, following which the matter was taken to the police and an FIR was filed against me. The chargesheet for the case was filed recently, and accusations have been made under Sections 279, 337 and 338 under the IPC and Section 185 of the Motor Vehicle Act.

Since my employer requires me to travel outside for occasional assignments, I wish to be clear about the legal implications of an ongoing criminal case on international travel. The court, as such, has not impounded my passport or mentioned any other restrictions. Is there a provision or a requirement whereby I, as the accused, should take permission of the court before I travel outside India?

Thanks,

Anish

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4 Replies

Biswanath Roy (Advocate) 04 March 2014

Sections 279,337 and 338IPC are all cognizable offences but bailable, secs.337 & 338 are compoundable whereas, 279IPC is non compoundable. If any person allegedly committed any cognizable offenses he shall have to take permission from the Magistrate concerned before leaving the territorial jurisdiction of the court..

Anish Gupta (Consultant) 04 March 2014

Thanks for the reply.

Would permission need to be taken every time I need to go abroad or is there a provision for a one time permission that would remain for a while? It would also be helpful if you could point me to the section in the CrPC that deals with this.

Thanks, Anish

T. Kalaiselvan, Advocate (Advocate) 04 March 2014

Anish, until you are not convicted you are not a criminal also there is no restriction by a order of court baring you from undertaking a travel abroad, you can very well travel,but make sure that you are attending the hearing of the case regularly without fail.

Anish Gupta (Consultant) 05 March 2014

Thanks for the reply, sir. I will ensure my presence for hearings, want to he sure about the intermediate period as well. As of now, I am on judicial bail issued for a sum of Rs. 10000. I am not able to find any literature specifying the requirements of the law regarding foreign travel, and it seems there is a provision to take permission from the court as well, I am not sure if that is mandatory in my case. Thanks, Anish