Conditions for Invocation of LOC:

Q. What are the categories of cases in which the investigating agency can seek recourse of Look- out-Circular and under what circumstances?

Ans. Recourse to LOC can be taken by investigating agency in cognizable offences under IPC or other penal laws, where the accused was deliberately evading arrest or not appearing in the trial court despite NBWs and other coercive measures and there was likelihood of the accused leaving the country to evade trial/arrest.

Q. What procedure is required to be followed by the investigating agency before opening a Look-out-circular?

Ans. The Investigating Officer shall make a written request for LOC to the officer as notified by the circular of Ministry of Home Affairs, giving details & reasons for seeking LOC. The competent officer alone shall give directions for opening LOC by passing an order in this respect.

Q. What is the remedy available to the person against whom such Look-out-Circular has been opened?

Continue reading “Look Out Circular prohibiting travel abroad: Validity of” →