You have been issued clean PCC that means no LOC is pending against you
you can if you so desire find out about pending cases through local lawyer
Look out notice
I got married in India in April 2017 , got divorced in July 2018 ( ex party ) as I didn’t participate in any court hearings in India and a FIR was lodged against me in women cell and 2 Delhi courts ( karakdooma and dwarka ) . I never attended any hearings or investigation. I secured Canadian citizenship in 2019( surrendered Indian passport ) and secured Indian OCI . I have not travelled to India post April 2017 as am afraid there might be look out notice for me against my surrendered Indian passport. I applied for Indian PCC last year in 2022 and in 2020 from consulate general of Toronto and it was clean both times. Can anybody please help me in clarifying if I land at Delhi airport with Canadian passport and Indian OCI.. will be there any legal issues. My grandmother is unwell and thinking of travelling to meet her soon.
Asked 2 years ago in Family Law
Religion: Hindu
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15 Answers
The fact that you have applied for and received a clean PCC from the Consulate General of Toronto twice is a good indication that there is no look out notice against you. Additionally, the fact that you have not traveled to India since the FIR was lodged suggests that the authorities are not actively looking for you.
Make sure your OCI card is valid and that you have a copy of it with you.
I have valid Indian OCI ( visa validity is lifelong ) which I got from consulate general of Toronto in 2022 What I understand - so no issues for me to land at Delhi airport as Indian PCC clearly states that against Indian passport no adverse information. Indian clean PCC means no look out notice at any airports in India - right ? But I know for sure some cases are pending at Delhi courts and police stations.. as I have never participated in hearings ever. I was told by my ex wife she has issues Look out notice ( not sure it’s true as she was trying to get me pay her huge money. ) My main concern is only no issues at Delhi airport when landing and coming back.
Asked 2 years ago
1) your understanding that s correct
2) you are at liberty to travel to India
Details required to ascertain as to whether an criminal case or look out notice has been issued against you. Issuance of OCI does not mean that no criminal case is pending against you. It may be situation that there may be case but still court has not completed its procedure under section 82 & 83 cr.p.c. and has not ordered for impounding of passport and no notice of look out has been issued. So get checked the present status.
“Get checked the present status means - “apply for latest Indian PCC and see it it’s clean and then plan to travel ?
Asked 2 years ago
No. You should ascertain from court records, from police records as to whether any criminal case is pending or not and if pending then what is the status of proceeding and accordingly to act and take preventive steps ensuring your safety.
See your PCC is clean even if you apply again results will be same.
Have you ever received any summons and warrants from any Indian Court? If not you are good to go.
What it means is to apply for fresh PCC certificate and if it does not reflect any pending g cases you can travel
There is no lookout notice but there might be certain cases pending against you.
It is advised that you check the status of the cases pending in the Karkadooma and the Dwarka Court. The position will be much clearer once you get the actual status of the criminal cases that were filed against you.
There is no central data to check whether there is a LOC issued or not.
Regards
You have renounced your Indian citizenship as well as your Indian passport is redundant now as you have surrendered it.
Your new passport issued by Canada government is not known to anyone.
Therefore any case including LOC would be based on your Indian passport only and not on your Canadian passport.
Moreover as you have stated that you obtained PCC twice in the past and it was through without any problems, it can be assumed that there is no LOC or any other restrictive orders pending against you.
So you can travel freely.
You are right that once the police clearance certificate has not made any adverse inference to you, it can be understood that there is no case pending against your name.
You may not find any issues while landing in Delhi airport, however the danger will be when she comes to know about your arrival in India, wherein she may alert police and they may try to take you into custody, therefore you may keep your visit a closely guarded secret so that she does not creates any problem after your arrival in India.
You don't indulge in such activities of PCC once again because it may once again be a source to reopen the dormant case, if there is anything pending against you.
You need to cancel the loc if issued
Dear Client,
A clean PCC means that there is no adverse information against you in the police records. However, a clean PCC does not guarantee that there is no look out notice against you. A look out notice is a formal request to law enforcement agencies to detain or arrest a person when they try to enter or leave the country.
Dear Client,
It is possible that there is a look out notice against you even though your PCC is clean. This is because the police may have issued the look out notice after you applied for the PCC.
If you are concerned about a look out notice, you can contact the nearest Indian embassy or consulate in Canada and ask them to check for you. They will be able to access the police records and tell you whether there is a look out notice against you.
If there is a look out notice against you, you will not be able to enter India even if you have a valid Indian passport or OCI card. You will need to get the look out notice withdrawn before you can travel to India.
You can apply for the withdrawal of the look out notice through your lawyer or directly through the police station where the notice was issued. The police will consider your application and decide whether to withdraw the notice.
If the police refuse to withdraw the look out notice, you can challenge their decision in court.
- The LOC notice is issued by an officer not below the rank of Deputy Secretary to the Government of India/Joint Secretary in the State Government/Superintendent of Police concerned at the district level.
- Further, it is mandatory that the accused should be informed for the said notice has been issued against him, but generally an accused person comes to know about such notice only when he/she is stopped or arrested by the immigration authorities at the airport/border etc
- Since, you got clean PCC in 2022 , then there is least chances to issue the LOC
- However, you should enquire from the Court before coming to India and to remove the apprehension of arrest.
- Further, even there is NBW against you , then being an accused you can be arrested by the police.
- Hence, before coming to India, you can apply for getting anticipatory bail from the session court.
- However, if you are already a Canadian citizen and having no Indian passport , then there will be no problem for coming to India.
