Look Out Circular: Look Out Circular Cancellation - Shonee Kapoor

What is LOC or Look Out Circular?

Look out, circular (LOC) has no perfect legal definition. It is more of a medium by which authorities worldwide issue a different kind of circular letter to check whether any law enforcement agency in the country wants a travelling person. The world over, such circulars are known by other terminology. They are used for immigration checks at international borders (including airports or seaports). It is a worldwide practice where law enforcement agencies stop wanted persons from leaving the country or catch them while returning to the government.

In India, the Look Out circular contains the identification parameters of criminals, such as name, father’s name, date of birth, passport number, etc. Thus, it helps law enforcement authorities to catch absconding criminals/ accused and stop them from crossing borders. Its origin is based on the Ministry of Home Affairs’ Circular No. 15022/13/78-F.1 dated 5th September 1979, either to monitor the arrival/ departure of foreigners and Indians or to restrict the arrival/departure of foreigners or Indians. It was further updated, and the latest circular is Circular No. 25016/31/2010-Imm dated 27th October 2010

The purpose of the lookout circular is solely to track/ detain the wanted person and hand them over to the appropriate agency. Normally, an LOC, once opened, is in force for One Year, and the investigative agency/ Originator has to send a fresh request for its renewal. The nodal agency also informs the investigative agency/ Originator about all LOCs that are lapsing beforehand so as to enable them to decide whether to renew them.

Why Look Out Circular is issued?

The reason for LOC is simple: • Not to allow criminals/ accused to leave the country • Not to allow criminals/ accused to enter the country without being aware • To Trace the absconding criminals/ accused.

Who can issue Look Out Circular?

LOC can be initiated in 2 different ways

• Police Officials – Any Police Officer over and above the rank of Superintendent of Police (SP) in States or Deputy Commissioner of Police (DCP) in Commissionaire areas can send a request for opening of LOC.
• Court – Any Magistrate of First Class, where the Criminal case Trial is pending before his court can order for opening of LOC.

Both requests are sent to the Home Department of State, which requests the Nodal Officer at the Bureau of Immigration (BoI) to open a LOC. BoI makes the Circular with all available identification parameters, which are not less than three and sends it to all immigration ports in India.

What can happen if LOC is issued against a person?

The issuance of LOC can impact different people differently. It curtails a person’s ability to travel in and out of the Country. In the line of work of 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023), I have seen people face the following problems because of LOC.

• Arrest/ Detention at the Airport
• Job Loss/ Career Loss for not able to report to work in time
• Public Humiliation /Embarrassment
• Monetary Loss, as it results in no-show when you have your ticket booked

How can you find out if there was LOC or not?

LOC is a highly confidential document unless the case is high profile; whether the LOC is issued or not is not known to the public at large. Information on whether LOC is opened is also unavailable under RTI. Most people against whom LOC is issued understand that this is when they are detained at the immigration port while crossing or NRIs guess about the same as they know of an FIR against them.

Still, one can get the information from the following sources.

• Police Station where the FIR is lodged.
• District SP/ DCP Office or similar rank officer in any investigative agency.
• Immigration Authorities
• FRRO Office (In case of NRI)
• Trial Court records if the court has initiated the issuance of LOC.

Is Look Out Circular issued for NRIs only?

This is the biggest misconception. LOC can be issued against anybody the authorities think can abscond from India. This can also happen despite the accused being enlarged on bail. The issuance of LOCs has not been considered an infringement of fundamental rights by courts. And I speak specifically about people facing 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023); I have personally known men who were Resident Indians and admitted on bail but could not travel abroad for the business of leisure because LOC was opened against them.

How to get LOC removed once it’s issued?

Though both the Investigating Agency and Courts have the power to cancel/ Suspend LOC permanently or for a short duration, the route through the Investigating Agency/ Police is winding, and often, many bribes are accosted for the same.

The better way to deal with this is to approach the trial court to cancel/suspend the LOC. Usually, for non-heinous crimes and when the accused was not arrested under the issuance of LOC, the courts have been lenient enough to recall it entirely or suspend it for a limited duration. Even if a person was arrested under the issuance of LOC and did not face trial for a heinous crime, the trial court or higher courts generally cancel/ suspend LOC by asking the person to give higher surety.

However, in cases of Foreign Citizens or people accused of heinous crimes, the courts may not be so lenient.

Is getting court order of removal of Look Out Circular enough?

No, it is not. Though we all feel that investigative agencies will follow the court orders promptly, they can still stall it for a long time, citing a lack of certified copies of the orders, etc.

If you have got your LOC removed by court order, it would be better that you apply for multiple certified copies of the same and provide the same with covering letter to the Investigating Officer, SP/ DCP concerned and send a copy to the nodal officer at:

Deputy Director Bureau of Immigration (BoI) East Block – VIII R K Puram, New Delhi – 110066

You should confirm that the LOC is removed/ suspended before travelling abroad, and even then, reach the airport/seaport at least four hours before travel. If you are facing some problems in getting the LOC removed, I suggest you contact me in person to seek advice on these matters.

Can I travel with Certified copy of LOC Removal Order of Court?

Unfortunately no. One would argue that this should be the case, but there have been instances where the court orders have been faked. So the immigration officer would invariably contact the originator and, only on confirmation, let you travel even if you have an LOC Removal Court Order.