A look out circular (LOC) is an instruction issued to the immigration authorities to stop a person from leaving India, or to alert the agency that wants to track his movements. Many people discover it only at the airport, when they are stopped at the immigration counter. This guide explains who can issue a look out circular, the grounds, how to find out if one exists and how to challenge it.
What is a look out circular?
An LOC is issued by the Bureau of Immigration on the request of an originating agency, under guidelines issued by the Ministry of Home Affairs (MHA) in an Office Memorandum of 2010 that has been revised several times. It is an executive measure, and not an order of conviction. It does not require the person to be informed beforehand.
Who can request an LOC?
The guidelines list authorities such as the police, the CBI, the Enforcement Directorate, the Directorate of Revenue Intelligence, the Income Tax Department, the NIA, courts, and, in specified situations, heads of public sector banks. The request must be made in a prescribed format with details of the person and the case.
Grounds for issuing an LOC
The guidelines are meant to cover situations where a person is accused of a cognizable offence and is deliberately evading arrest or not appearing before the court, and cases where the departure of the person is considered detrimental to the sovereignty, security or integrity of India or the economic interest of the country. The High Courts have said that an LOC should not be issued as a routine step or merely to pressure a person to cooperate with an investigation.
What happens at the airport?
The immigration officer checks the person’s details in the system. If there is an LOC, the person is not allowed to leave. The officer may inform the originating agency, and the agency may question or detain the person if required. Even a person with a valid visa and a ticket can be stopped.
How to find out if an LOC exists
There is no public database. In practice, a person finds out when he is stopped, or by asking the agency or through a lawyer who can approach the Bureau of Immigration and the originating agency. If a case is pending against you, assume that the possibility exists and take legal advice before travelling.
How to challenge an LOC
- Request the originating agency in writing to withdraw or modify the LOC, explaining that you will cooperate with the investigation and attend the court. Give details of your residence, family, business and willingness to give an undertaking.
- Approach the High Court by writ petition under Article 226 of the Constitution. The Delhi High Court in *Sumer Singh Salkan v. Assistant Director* (2010) held that an LOC should be limited to cases of cognizable offences where the accused is evading the process of law. Other High Courts have followed similar principles and have set aside LOCs issued without proper grounds or reasons.
- Seek permission to travel from the trial court, where the person is on bail and the bail order has a condition about leaving the country. The Supreme Court allowed an accused to travel abroad subject to conditions in *Karti P. Chidambaram v. Enforcement Directorate* (2018).
The right to travel abroad is recognised as part of personal liberty under Article 21, as held in *Maneka Gandhi v. Union of India* (1978). Courts balance this right against the interest of the investigation and the trial.
Passport issues in criminal cases
Separately from an LOC, the Passports Act, 1967 allows the passport authority to refuse or impound a passport where criminal proceedings are pending, subject to the exceptions in the government notifications, which let the court permit the issue or renewal. Anyone with a pending case should check the effect on passport renewal and foreign travel.
Practical steps
- Get a copy of the FIR and the bail order, and check whether any travel condition exists.
- Prepare an undertaking to return and to appear before the court.
- Keep records of your residence, family, employment and property in India.
- Where a bank or a creditor is behind the LOC, understand the dispute and consider settlement or an application for the LOC to be withdrawn.
- If an arrest is feared, consider anticipatory bail under BNSS Section 482 and know your rights from our guide on arrest and detention rights under BNSS. For bail conditions that restrict travel, see regular bail and default bail under BNSS.
The guidelines and notices are published on the websites of the Ministry of Home Affairs and the Bureau of Immigration.
Frequently Asked Questions
What is a look out circular?
It is an alert issued to immigration authorities, on the request of an investigating or other authorised agency, to prevent a person from leaving India or to track his movement.
Who issues an LOC?
The Bureau of Immigration issues it on the request of an originating agency such as the police, CBI, ED, courts or, in limited cases, public sector banks.
Will I be told before an LOC is issued?
Generally no. Many people find out at the airport.
Can a look out circular be cancelled?
Yes. The originating agency can withdraw it, and the High Court can quash it in a writ petition if it was issued without proper grounds.
Does an LOC mean I am guilty?
No. It is an executive measure to ensure presence for investigation or trial, not a finding of guilt.
Can I travel abroad if I am on bail?
Only if the bail conditions allow, or if the court gives permission. Courts often allow travel with conditions such as an undertaking to return or surety.
Is a lawyer needed to challenge an LOC?
A writ petition requires proper drafting and facts, and a lawyer can also approach the agency for withdrawal, so legal help is strongly advised.
This article is general legal information and not a substitute for advice on your specific case. Consult an advocate before acting.