No there is no such law that you or your relatives will be stopped from going anywhere in India. But the sections imposed upon you and your relatives do matter. If the sections pertain to a heinous offence then tge police may arrest you unless you file an arrest stay or take anticipatory bail.
Fir and implications on other family members
An fir was registered against an individual other family members name was also mentioned in the FIR as relatives of the accused there is no court case against the others mentioned. can the others mentioned travel to and from india? will immigration refuse them movement through the airports?
Asked 3 years ago in Criminal Law
Religion: Hindu
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12 Answers
- If the said FIR having no names of the said relatives as accused in the case , then they are free to travel
- Further, that individual after taking the anticipatory bail also can travel out of India, if no conditions are there at the time of granting bail.
- Merely an FIR cannot be a ground to restrict the travel , until warrant issued against them.
They can travel to India
there is no FIR registered against them
they are not accused in any case
If there is a criminal proceedings pending against any person, then he or she may not be able to travel outside India without the permission of the concerned court.
However if the names of the other family members have been omitted by the police after investigation, then there are no charges against the people who have been impleaded in the FIR in the omnibus manner.
In that case there may not be any restrictions for those people to travel to and outside India.
the names were mentioned in the fir but not in the court cases that followed fir was registered 12 years ago, cases have been ongoinf for over 10 years. the other family members are not in the accused list in the court cases
Asked 3 years ago
If they are not in the case which is goung on there is no problem with regard to them. They don't have to worry.
In the circumstances, the others whose name has been dropped in the chargesheet can do whatever they wish. They are not connected to the case as accused as they were not named in the chargesgeeet and hence not undergoing trial.
They are free to travel anywhere they want and this case would not have any bearing in it.
Immigration would not refuse them entry owning to the said case.
Since they are not the accused in any of the cases they can travel to India
In that case the other members who were named earlier might have been removed from the chargesheet by police after the investigation.
Besides, if the other people have not been summoned by police or court till this date then you can be rest assured since they have been removed from the case, hence they can to India and back
Yes they can
- Since the matter is very old , and till date no warrant is issued against them , then they are not accused in the case and their appearance before the court is not needed.
Dear client,
Generally, there are no travel restrictions just because an FIR is filed against someone unless the court has placed any restrictions regarding their travel abroad.
To make sure that there are no complications what you can do is ask for the court's permission before traveling abroad.
Thank you.
