• Can I travel abroad

Hello Sir Can i travel abroad for 1 week not between on my proceedings dates my case in district court under ipc 365
Asked 5 years ago in Criminal Law
Religion: Hindu

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17 Answers

Hi, yes you can travel if the court has not imposed any restriction in this regard 

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

Unless the court has restrained you from travelling abroad you are at liberty to travel. The mere filing of the case, without being coupled with a restraint order from the court, does not prevent the accused from going out of India. However, it depends on the conditions on which your bail was granted. The conditions of your bail may circumscribe your financial decisions and geographical movements. Regardless of the reason for your planned trip, your ability to leave the country will hinge on the type of crime with which you have been charged, the laws governing bail in your jurisdiction, and the personal proclivities of the judge assigned to your case. If the there is any such condition that you can not travel during the pendency of the case, then you can not go otherwise if your bail is not conditional and if there is no order of restraint operating against you, you are free to travel.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

Are there any restrictions imposed by court upon your travel abroad while granting bail ? 

 

If no such restrictions imposed you can travel abroad without court permission 

 

 

Ajay Sethi
Advocate, Mumbai
97261 Answers
7856 Consultations

If there is no order in this regard from the court it will be good for you to take the permission from the court before leaving the country even for one day.

 you are being charged in serious offence and it is always advisable that you have to take permission from the court before leaving the country

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Yes, you can travel abroad no issue. you have been called with allegations under IPC 365.. is it not proved against your it.

Ganesh Kadam
Advocate, Pune
12995 Answers
263 Consultations

You can not go abroad during the pendency of the case because it can be a ground for bail rejection. If it's urgent for you then you can file application in the court which case is pending or vaction court through  your advocate.

Somvir Siwach
Advocate, Rohtak
5 Answers

Sec 365 is serious and you must be on bail with the condition - Not go out of India without permission of court. If court came to know about your visit, passport may seize.

Yogendra Singh Rajawat
Advocate, Jaipur
23005 Answers
31 Consultations

You shall require to take the permission from court along with surety.

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

1.  YES. You can travel abroad, PROVIDED you take proper permission from Court via a proper application and filing of indemnity bond with undertaking /surety. 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Until you are not restricted from traveling abroad by an order of court you may travel but make sure that you are present before court on the next date of hearing.

T Kalaiselvan
Advocate, Vellore
87463 Answers
2348 Consultations

See if there is no travel ban condition in your bail, or you are not restricted by court order then you can travel if you get the visa of that country. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

You can travel abroad but you have to attend proceedings and a criminal case is going on so you have to inform the authorities about it and obtain an NOC. In case y ou are not detected you may travel without informing them.

Regards 

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Yes you can unless your court order doesn't bar you. 

Prashant Nayak
Advocate, Mumbai
32692 Answers
208 Consultations

1. If you have a valid visa coupled with the absence of any embargo by the court on your travel out of India then you are free to travel.

2. If, however, the court has mandated you to not to leave India then you cannot travel without the prior permission of the court.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

Hi,

In order to avoid any problem, you are suggested to file an application in the court where your case is pending and ask for the permission to go abroad for the period (as per your requirement) . 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

Yes you can travel abroad if you don't have any wrong intentions of absconding but that should be without knowledge of anyone from the complainant side. And the trip details should not be disclosed with anyone. 

But my suggestion is that you should get the permission of court before travelling out of the country. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that you do not wish to avoid the court hearing, but has not mentioned that whether are you on bail or on any condition to not to go aboard without the court permission or your passport is with the court of law.
  2. If there is nothing out of the above mentioned cases then you are free to fly abroad.
  3. Otherwise, will have to move an application for seeking permission to abroad.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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