in Administrative Law Civil Law Criminal Law
Asked September 17, 2017

Eligible to get visa during a pending matter before a Criminal Court

  • 1 Answer

I've been involved in a motor vehicle accident 2years back. The opposite side person was injured seriously. And I was charged under IPC 1860 section 279 and 338. The case is in court now. About 3-4 hearings have been completed. It's still pending. While in between I got a job in Dubai. I have the Indian passport. I have received the job offer letter and now I'm about to apply for visa. My question is Whether I'm eligible to apply for a visa and Will I be able to travel abroad to work while my case is still pending in court?

Answer 1

On 6th August, 1993, the government of India, utilizing its powers under Section 22 of the Passport Act,1967, issued a notification, stating that you can travel abroad, if any criminal case is pending against you, only if you are able to get the requisite permission from the concerned court where the case is pending. The court will direct the passport authorities to issue you a vise, over-riding the provisions of Sections 6 and 8 of Passport Act, 1967. This has been used successfully by individuals in cases like Deepak Dwarkasingh Chhabria vs Union Of India, AIR 1997 Bom 181, where a man was allowed to travel abroad after taking the court’s permission in spite of criminal proceedings pending against him.


Therefore, you are advised to file an affidavit before the concerned court where your case is pending and cite factors the aforementioned notification and other factors in your favour like - importance of the job- how it matters for your family and fiscal status, good behavior, contribution to the society in any way etc. and ask them to approve your travel to Dubai and accordingly direct the tax authorities.

Agree Comment 0 Agrees about 4 years ago

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