Why Look Out Circular/Notice Is Issued And How To Get It Cancelled/Quashed

What is Look Out Circular/Notice?

Thought the term Look Out Notice/Circular is not defined anywhere in the Code of Criminal Procedure, 1973, but in common parlance Look Out Circulars are opened to trace the absconding criminals and also to prevent and monitor effectively the entry or exit of persons who may be required by law enforcement authorities

The Objective of the Look Out Notice/Circular is to ensure that the person accused or wanted should be available in India at all times, to join and co-operate investigation, and be available to stand trail and face charges against him.

How to check if there is a Look Out Notice/Circular

Since Look Out Notice/Circular is a confidential document, there are actually no means to check the presence of Look Out Notice/Circular as such. Most people only come to know about the presence of the Look Out Notice/Circular only when they enter India or about to leave India.

However to avoid the harrasment one can try these sources to find about the presence of the Look Out Notice/Circular.

• Local Police Stations where an FIR is registered
• Immigration Authorities/FRRO
• Trail Court records if the LOC is issued by trail court
• Investigation agency like CBI/ED if they have registered a case

Period for which Look Out Circular/Notice is issued

Generally Look Out Notice/Circular is issued for a period of one year, unless specifically exceeded by the authority issuing the Look Out Notice/Circular.

Why Look Out Notice/Circular is required to be issued

Hon’ble Delhi High Court for the first time in Sumer Singh Salkan v. Asstt. Director & Ors dated 11^th August 2010 had issued certain guidelines to be followed for issuing Look Out Circulars, by framing certain questions and answered same, which are extracted below:

“The questions raised in the reference are as under:

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

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

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

D. What is the role of the concerned Court when such a case is brought before it and under what circumstances, the subordinate courts can intervene?

The questions are answered as under:

A. 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.

B. The Investigating Officer shall make a written request for LOC to the officer as notified by the circular of Ministry of Home Affairs, giving W.P(Crl.)No.1315 of 2008, dated.11.08.2010 4 MSM,J Crl.P.7292 of 2018 details & reasons for seeking LOC. The competent officer alone shall give directions for opening LOC by passing an order in this respect.

C. The person against whom LOC is issued must join investigation by appearing before I.O. or should surrender before the court concerned or should satisfy the court that LOC was wrongly issued against him. He may also approach the officer who ordered issuance of LOC & explain that LOC was wrongly issued against him. LOC can be withdrawn by the authority that issued and can also be rescinded by the trial court where case is pending or having jurisdiction over concerned police station on an application by the person concerned.

D. LOC is a coercive measure to make a person surrender to the investigating agency or Court of law. The subordinate courts’ jurisdiction in affirming or cancelling LOC is commensurate with the jurisdiction of cancellation of NBWs or affirming NBWs.

What to do if Look Out Circular/Notice is issued

If look out circular/notice is issued, the person against whom it has been issued can join investigation or surrender before the concerned court, satisfying that the purpose of Look Out Notice/Circular has been fulfilled or in alternative the person concerned can satisfy the officer concerned (by whom it had been issued) that the LOC was wrongly issued against him or can approach the trial court or Hon’ble High Court having jurisdiction seeking cancellation or quashing of the Look Out Notice/Circular.

Kapil Chandna Advocate

Practicing Lawyer at Supreme Court of India

+91-9899011450