Response

Look Out Circular (LoC) has no one standard legal definition. It is circular by which authorities around the world check whether a person travelling inter-country is wanted by any law enforcement agency. This is used at immigration checking point at international borders, such as airports or seaports.

In India, lookout circular has identifications such as the accusedÕs name, date of birth, fatherÕs name, passport ID, etc., and this helps law enforcement agencies to apprehend absconding criminals from deserting the country to escape criminal charges.

LoC was first mentioned in Ministry of Home Affairs Circular No. 15022/13/78-F.1 dated 05 September of 1979, in order to regulate and restrict the arrival and departure of foreigners and Indians in and out of India.

LoC can be issued by police officer of and above the rank of Superintendent of Police in states and Deputy Commissioner of Police in Commissionaire areas.

Any Magistrate of First Class can also issue a LoC in a pending criminal trial. If LoC is issued against a person, he or she can be arrested or detained at airport.

It is not easy to find if LoC is issued against you as it is usually a confidential document.

But you may contact the police station where the FIR is lodged, the immigration authorities, FRRO Office (for NRIs), or trial court orders.

To get the LoC removed, the accused has to approach the court and make an application for the same.

You can get anticipatory bail under Section 438 of Code of Criminal Procedure, and you wonÕt get detained at airport if you have it. I

f the accused does not appear in Court even after warrant of arrest has been issue, then the Magistrate can compel the presence of the accused by issuance of proclamation of absconding accused and attach property under Sections 82 & 83 of Code of Criminal Procedure, 1973.

Non-bailable warrant is issued to bring the accused to court when bailable warrant might not do so (court has reason to believe that person will not appear in court, police are unable to find the person or serve him a summon, or the accused could harm someone if not placed in police custody).

Reference: Ministry of Home Affairs Circular No. 15022/13/78-F.1 dated 05 September of 1979, Section 82, 83, 438 of Code of Criminal Procedure. – 202100314-20210042-1984 –

LAWAYZ-2023-506