Can I Travel Abroad If an FIR Is Pending? (2026)

Yes, you can often travel abroad while an FIR or criminal case is pending, but usually only with the court's permission. If you are on bail, or the case is before a court, apply to that court with your travel dates, purpose and an undertaking to return. Courts in Haryana commonly allow genuine trips on conditions.

Many people in Gurugram travel abroad for work, studies, family or medical reasons, and a pending police case raises obvious worries: will I be stopped at the airport, can I renew my passport, and which court do I ask? This guide answers each question under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), with the old CrPC sections in brackets.

Is it illegal to go abroad while an FIR is pending?

No law says that the mere existence of an FIR bars foreign travel. The restriction usually comes from one of three places: a bail condition, a Look Out Circular (LOC) requested by the police, or passport rules that apply when a case is pending before a criminal court. Check all three before you book.

The Supreme Court has long treated the right to travel abroad as part of personal liberty under Article 21 of the Constitution. It can be restricted, but only by a fair and reasonable procedure, which is why the courts, not the police alone, usually decide whether a person facing a case may travel.

When do you need the court's permission?

You need permission whenever a court order says so. The most common situations are:

• Anticipatory bail. Section 482(2) BNSS (old Section 438(2) CrPC) allows the court to impose a condition that the person shall not leave India without its previous permission. Many anticipatory bail orders in Gurugram and from the Punjab and Haryana High Court include this condition.
• Regular bail. Courts granting bail under Sections 480 and 483 BNSS (old Sections 437 and 439 CrPC) can impose conditions in the interest of justice, and a travel restriction or passport deposit is common.
• Passport deposited in court. If your passport was surrendered as a bail condition, you cannot travel without an order releasing it.
• Trial pending. Once the chargesheet is filed and the court has taken cognizance, you must attend hearings; travelling without arranging exemption or permission risks a warrant.

If you are only under investigation, have not been arrested, and have no bail order and no LOC, there may be no court order to breach. Even then, leaving without informing the investigating officer can be presented as non-cooperation and may prompt the police to seek an LOC. See our guide on Look Out Circulars: what they mean and how to check and cancel one.

Situation by situation: what you need before you fly

Which court do you apply to in Gurugram?

Generally, apply to the court that imposed the condition or before which the case is now pending. If the case is at trial before a Magistrate or the Sessions Court at the District and Sessions Courts, Gurugram, that court is usually the right forum. If the Punjab and Haryana High Court granted anticipatory bail with a travel condition, the order often says whether the trial court can grant permission or whether you must return to the High Court, so read it carefully.

How to apply for permission to travel abroad: step by step

1. Read every order in your case. Note any condition about leaving India, depositing the passport or attending hearings.
2. Collect documents. Passport copy, visa, return ticket or itinerary, proof of the reason for travel (employment letter, admission letter, medical papers, wedding invitation, business documents) and your address abroad.
3. File the application in the right court, stating the purpose, exact dates, countries, and your record of attending hearings and joining investigation.
4. Offer reasonable safeguards. An undertaking to return by a fixed date, contact details abroad, a surety or security amount, and an advocate to represent you on any hearing date.
5. The prosecution replies. The court usually asks the public prosecutor or the investigating officer for a reply; the complainant may also object.
6. Hearing and order. The court allows the request, allows it on conditions, or refuses with reasons.
7. After the order, obtain a certified copy, collect your passport if it was deposited, and if an LOC exists, send the order to the agency that requested it well before your flight.
8. On return, report to the court or redeposit the passport as directed.

Typical timeline: where everything is in order, these applications are commonly decided within a few hearings, but replies and objections can stretch this to several weeks. Apply well ahead of your travel date; last-minute applications are a common reason for refusal.

What conditions do courts usually impose?

Common conditions include an undertaking or affidavit to return on a fixed date, a security deposit or fresh surety, sharing the foreign address and phone number, informing the IO of departure and return, appearing through an advocate on hearing dates, and redepositing the passport on return. In Parvez Noordin Lokhandwalla v. State of Maharashtra (October 2020), the Supreme Court allowed an accused to travel to the United States for eight weeks on an undertaking to return, and held that bail conditions must be proportionate to the purpose of securing the accused's presence and must not make the accused's rights illusory.

Can you renew or get a passport while a criminal case is pending?

Yes, in most cases, with the criminal court's permission. Section 6(2)(f) of the Passports Act, 1967 lets the passport authority refuse a passport where criminal proceedings against the applicant are pending before a court in India. However, a Central Government notification (GSR 570(E)) issued under Section 22 of the Act allows a passport to be issued or renewed if the criminal court permits it. If the court's order does not mention a period, the passport is usually issued for one year only, so ask the court to specify the period.

In Mahesh Kumar Agarwal v. Union of India (Supreme Court, December 2025, Justices Vikram Nath and Augustine George Masih), the Court held that Section 6(2)(f) is not an absolute bar. Where the criminal courts had given no objection while keeping control over foreign travel, the passport office could not refuse renewal on a speculative fear of misuse, and the Court directed a passport to be reissued for the normal ten-year period. Renewal of a passport is not itself permission to travel; any travel condition in your bail order still applies.

What have courts said recently?

In June 2026, in an appeal from Telangana, the Supreme Court set aside a High Court order allowing an accused to travel to the USA and directed that, after committal, the accused cannot leave India without the express permission of the Sessions Court, though he need not deposit his passport. The message: the court in charge of the trial controls foreign travel. At the same time, High Courts continue to allow genuine travel for studies, work or medical reasons on strict conditions.

Common mistakes to avoid

• Booking non-refundable tickets before the court decides.
• Assuming a settlement with the complainant lifts the bail condition; only a court order does.
• Hiding the pending case in a passport application; disclose it and attach the court's order.
• Overstaying the permitted period, which can lead to cancellation of bail, a warrant and difficulty getting permission again.
• Forgetting the LOC: court permission does not automatically remove an LOC from the immigration system.

For more on bail conditions and related applications, see our page on anticipatory and regular bail in Gurugram.

Frequently asked questions

Can I go abroad if an FIR is registered against me?

An FIR alone does not legally bar travel. But check whether any bail order restricts travel, whether an LOC exists, and whether your passport is affected. Leaving without checking can lead to being stopped at the airport or to non-cooperation being alleged.

Can I travel abroad on anticipatory bail?

Only if your anticipatory bail order does not restrict travel, or the court grants permission. Many orders say the person shall not leave India without the court's previous permission, so read your order first.

How do I get court permission to travel abroad?

File an application in the court that granted bail or is hearing the case, with travel documents, purpose, dates and an undertaking to return. The prosecution replies, and the court decides, often with conditions such as a security deposit.

Can I get a passport if a criminal case is pending?

Usually yes, with permission from the criminal court under the GSR 570(E) notification. Ask the court to specify the passport's validity period, otherwise it may be issued for one year only.

Can I travel abroad during trial?

Yes, with permission from the trial court and arrangements for your hearings, such as exemption from personal appearance and representation through your advocate on those dates.

Does court permission remove a Look Out Circular?

Not automatically. Send the order to the agency that requested the LOC and ask it to suspend or withdraw it before your travel date; if needed, the High Court can be approached.

How long does it take to get permission to travel abroad?

It depends on the court's schedule and the prosecution's reply, from a few hearings to several weeks. Apply as early as possible with complete documents.