Anonymous
Asked August 05, 2016

leave the country after accident

  • 1 Answer
  • 59 Views

Good day, I'm living in abroad and I came to India for annual vacation, now I met one road accident due to other party drunk and drive wrong side. I was in four Wheeler he was in two wheeler and he lost 4 teeths.my side all the documents are clear. Now I can able to go abroad while case not yet closed.

Answer 1

Default avatar
Saumya Kumar
The consequence of this incident will depend on the fact whether you are an accused in the case or considered as a witness. If you are considered as a witness to establish a case against the other man then it will be easier for you to leave the country. You will be asked to appear as a witness when the court will require your evidence and a summons order will be issued against you with the help of the Indian Consulate at the country of your residence. You will have to appear as per the instructions in the summons before the Court. In the possible scenario that you don’t abide by the summons then your Indian Passport (if you are an Indian citizen) will be suspended making it difficult for you to stay in a foreign country. It is also possible that the Court may allow you to give your evidence via a video conference as was seen in the case of Twentieth Century Fox Film v. Nri Film Production Associates, AIR 2003 Kant 148. Therefore your movement from the country should not be an issue if you are the witness in the current case. In the possible scenario that you are identified as the accused, a criminal case will be filed against you under different provisions of the Indian Penal Code depending upon the facts of the case. If you are charged for a cognizable offence like Section 279 of the Indian Penal Code (Rash driving or driving on a Public Way) and you avoid the police or prevent the Investigating Officer from investigation the case by leaving the country then a Look Out Circular will be issued against you. A Look Out Circular or LOC against you will make it impossible for you to leave the country as you will be arrested at any of the exit point on the basis of the LOC. The LOC can be released only if you evade the police authorities. If you are cooperating with the Police then it will be difficult for the Investigating Officer to release such a circular and you can challenge the same before a Court. If the investigation is still going on, while you are cooperating with the Police, you can file for an anticipatory bail and can request the Court to allow you to leave the country. If the charges have been filed by the Police then you can apply for a bail and also take permission to leave the country. Depending upon the facts and circumstances and the reason given by you to leave the country and the guarantee given, the Court may allow you to leave the country while awarding the bail. In such a scenario, you will have to abide by the orders of the Court and will have to appear before the Court as and when summons is issued against you. (http://indianexpress.com/article/india/india-news-india/ex-teri-chief-rk-pachauri-granted-bail-allowed-to-travel-abroad-2907014/)
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