• Foreign travel while under 304A

A criminal case 304A is under progress and I need to travel to South Africa for a week. Will there be any problem for VISA? 
Also, there is a question in the application form as below

Q.) Is a criminal action pending against you in any country?

I don't have any conditions on the bail on travel. 
What should I be entering here?
Asked 4 years ago in Criminal Law
Religion: Hindu

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17 Answers

Hi,generally a PCC is required for VISA approval.. Legally , you have to obtain permission from court before travelling abroad

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

The questions are dependent on the countries some countries do ask some don't , if any case is pending against any person he must disclose the actual position as some of countries ban this kind of trouble you need to fill the form accordingly and let the cansulate decide if they allow you to travel you cannot help it out

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

This question is to be answered in affirmative. You may specify that you have already been enlarged on bail and that you have no travel restrictions.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

ok

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Q.) Is a criminal action pending against you in any country? Yes, it is an accident case.

Suppression of material facts may lead to disqualification and any other complications.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

H

Since there are no restrictions in your bail, you are free to travel overseas for work and for a short period.

Many a times an visa application is withheld if details of pending of criminal cases are mentioned and in such cases embassies ask for no objection from indian courts prior to issue of visa.

Getting no objection from the court For overseas travel should be easy in your case as you are already on bail and that the conviction under 304A is always a fine in 99% of cases.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

1. For the above question, you have to say 'Yes' when a case is being investigated against you. But, it should not be a problem to you as long as you are co-operating with police and regularly appearing in court.

2. I suggest you to move an application to court seeking permission to fly overseas.

3. Approach high court to get this case quashed ( If you have merits ) to avoid these kind of hassles.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

You should mention details of pending criminal case against you in

Your visa application

Do not suppress any material facts

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

You may face problems in obtaining visa on account of pending criminal case against you

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

1. Visa depends on the discretion of the issuing country. So if it asks for information on criminal cases you will have to disclose the true information.

2. Lack of any restrictions imposed by court on your foreign travel world not improve the case.

3. Every country has its own police to determine eligibility of the applicant for Visa and hence SA may not follow the guidelines for Shenzen visa.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

It is better for you to file an application in the court seeking permission to travel abroad as one of the conditions of bail is usually that the accused shall not leave the territorial jurisdiction of the court without prior permission.

But , if the court has granted you bail without any condition and further you are appearing before the court on the dates ,and no warrant has been issued against you , then you may proceed abroad .

Your lawyer can move the application for your exemption before the court in your absence,if there is date of hearing

You should mentioned that you are on bail and no warrant etc has been issued by any court of law against you.

Further, you can enclosed the bail order ,if require by them.

As. you have already traveled to Europe , then you have proof for the same as well.

Good luck and dont forget to positive Rating.

Mohammed Shahzad
Advocate, Delhi
9879 Answers
121 Consultations

5.0 on 5.0

Hello,

If there happens to be no travel restriction in your bail then you may definitely travel anywhere and everywhere. Just take care of the fact that you do not flout with the condition of the bail.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Also, I did travel a few months back to Europe while under 304A but there were no questions as such on the application

Do not worry about anything.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

No doubt you may not be having any restriction to travel abroad, but you cannot suppress the fact that a criminal case is pending against you here in India in the visa application.

It will become a problem for you if you do not disclose the details at this stage.

You may obtain permission form the magistrate court to travel abroad by filing a petition to this effect.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

Also, I did travel a few months back to Europe while under 304A but there were no questions as such on the application

Grant of Visa to South Africa has very strict conditions unlike other countries.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

If there is such column then it is better to apply to concerned Court and get a formal permission with an undertaking to return back to India before next hearing date.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. File Application before the relevant court and obtain permission, to travel abroad, by executing a bond as directed by the court.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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