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PRINCE IRFAN   06 June 2018

want to go abroad while having criminal record

Hello
I am accused of 366ipc nd spent 11 months in jail. If lower court punished me imprisonment for 5 years aftr all that am I eligible to go abroad for study or job.But i have valid proof i.e. Pics,videos, flight tickets, train tickets. On this evidence can i win this case or not.


Learning

 2 Replies

Vanshika Kapoor   08 June 2018

Many countries don't welcome criminals for obvious reasons, but what criminal history is relevant, and the period that must have elapsed since a conviction, varies from country to country. For some countries, particularly Canada and the US, even a minor criminal conviction 50 years ago can cause you to be refused entry, while others would require a conviction for a violent or serious crime to be refused entry. This page also lists ways (if known) to overcome a bar on entry due to a criminal history.

In general it is very difficult, if not impossible, to travel to any country if you have a record of convictions for violent or s*xual crimes, repeated convictions for felonies, or a recent conviction for a serious crime. Some countries prohibit their own citizens from leaving if they have serious criminal histories. However, in general, authorities are not concerned about petty offences.

If you are on probation or parole you must follow the travel policies set by your probation officer to the letter, as leaving the country (or even your locality in certain countries) without permission will result in a violation. Generally offences committed in the destination country count more than offences committed outside of their country.

 

The passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely: - (a) that the applicant is not a citizen of India., (b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India., (c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India; (d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country; (e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years; (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court; (h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation; (i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.

 

Rahul Kapoor (Legal Enthusiast)     08 June 2018

Dear Prince,

What does your bail order say ?

Regards

kapoor.legal@gmail.com


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