Can a person travel abroad if criminal case pending?


In my view Normally when a criminal case is pending before the court, the accused person need to apply and take permission of the court concerned, to go abroad. If the lower court is rejecting that permission application, he can approach the Hon’ble High Court seeking the same relief and so he can go abroad.

Unless the court has restrained you from travelling abroad you are at liberty to travel. The mere filing of the case, without being coupled with a restraint order from the court, does not prevent the accused from going out of India.

However, it depends on the conditions on which your bail was granted. The conditions of your bail may circumscribe your financial decisions and geographical movements. Regardless of the reason for your planned trip, your ability to leave the country will hinge on the type of crime with which you have been charged, the laws governing bail in your jurisdiction, and the personal proclivities of the judge assigned to your case. If the there is any such condition that you can not travel during the pendency of the case, then you can not go otherwise if your bail is not conditional and if there is no order of restraint operating against you, you are free to travel.

Reference: The law governing the case is IPC 341,Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.,
The Indian Penal Code. 343. Wrongful confinement for three or more days. ÑWhoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.



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