Living Abroad With a Criminal or Dowry Case in India: Notice, Passport, Look Out Circulars, Anticipatory Bail and Quashing

Indians working or settled abroad often learn of a criminal case in India only after it has been registered – most commonly an FIR by a spouse alleging cruelty and dowry demands, naming the husband and his family. The questions are practical: must I fly back at once, can I be stopped at the airport, will my passport be taken, and can the case be dealt with while I stay abroad? This article explains the position for cases in Uttar Pradesh as it stands on 5 November 2026. It is general information, and each case turns on its own papers.

The usual charges

Since 1 July 2024, cruelty by a husband or his relatives is an offence under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced Section 498A of the Indian Penal Code. It is punishable with imprisonment up to three years and fine. Complaints of this kind are often joined with Sections 3 and 4 of the Dowry Prohibition Act, 1961, and sometimes with criminal breach of trust over jewellery or other property (stridhan).

A police notice is not an arrest

For offences punishable with imprisonment up to seven years, the police are ordinarily expected to issue a notice of appearance rather than arrest, now under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which corresponds to Section 41A of the old Code. The Supreme Court laid down this approach for cruelty cases in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, directing that arrest should not be automatic and that the police must record reasons. A person who complies with the notice is ordinarily not to be arrested unless the police record reasons for doing so.

A person abroad who receives such a notice should not ignore it. Through counsel, he can inform the investigating officer of his address and availability, ask whether appearance can be arranged on a date when he will be in India, and keep a record of every communication. Silence is often what leads to coercive steps later.

Passport

A passport can be impounded under Section 10(3) of the Passports Act, 1967, including where criminal proceedings are pending, but only after the holder has been given a hearing. In ABC v. XYZ (2025 INSC 254), the Supreme Court held that impounding a husband's passport merely because his wife had filed numerous cases, without giving him an opportunity to be heard, was illegal, and directed its release. The pendency of a case does not by itself mean the passport will be taken; where travel conditions are needed, the criminal court can impose them.

Look Out Circulars

A Look Out Circular (LOC) allows immigration authorities to stop a person at the border. Under the Ministry of Home Affairs guidelines, it is meant for exceptional cases. High Courts have repeatedly set aside LOCs issued routinely in matrimonial cases. In February 2026, for example, the Andhra Pradesh High Court quashed an LOC against a man working in Dubai who was stopped at the airport in a Section 85 BNS and dowry case, observing that LOCs are coercive measures for grave offences and that their mechanical use in matrimonial disputes must be tested against Article 21. An LOC can be challenged in the High Court by a writ petition, and the person's readiness to join the investigation is relevant.

Anticipatory bail while abroad

Section 482 of the BNSS allows a person who fears arrest to seek anticipatory bail from the Sessions Court or the High Court. Several High Courts have held that a person living abroad can file such an application, but must be in India before the final hearing so that the court can impose and enforce conditions – the Kerala High Court in Vijay Babu v. State of Kerala (2022) and the Punjab and Haryana High Court in a 2025 decision involving a husband in Canada, where relief was refused because he had not joined the investigation. Practice on interim protection before arrival varies. In Uttar Pradesh, the timing of the application and of travel to India should be planned with counsel before the flight is booked.

Our article on anticipatory bail in Uttar Pradesh explains the Section 482 BNSS procedure, the conditions courts impose and the position under the 2019 State amendment.

Quashing without travelling

A petition to quash the FIR or the proceedings can be filed in the Allahabad High Court under Section 528 of the BNSS, or by a writ petition under Article 226 before cognizance, through counsel and on an affidavit; personal presence is not ordinarily required to file it. Relatives named only with general allegations often seek quashing on that ground. In Kahkashan Kausar v. State of Bihar (2022) 6 SCC 599, the Supreme Court quashed proceedings against the husband's relatives where the allegations against them were general and omnibus, with no specific role attributed. Whether the allegations against the husband himself disclose an offence is a separate question that depends on the complaint. The quashing articles linked below explain the tests and the choice between the two remedies.

Where the case can be filed, and offences abroad

A wife who has left the matrimonial home can file the complaint where she now lives. In Rupali Devi v. State of Uttar Pradesh (2019) 5 SCC 384, the Supreme Court held that the courts at the place where she has taken shelter after leaving the matrimonial home have jurisdiction, because the effects of cruelty continue there.

Where the alleged acts took place entirely outside India, Section 208 of the BNSS (formerly Section 188 of the Code) applies: an Indian citizen may be dealt with as if the offence had been committed in India, but no such offence can be inquired into or tried in India without the previous sanction of the Central Government. In Thota Venkateswarlu v. State of Andhra Pradesh (2011) 9 SCC 527, the Supreme Court held that sanction is needed only for the offences committed outside India; for acts alleged to have taken place in India, no sanction is required. Where a complaint mixes acts in India and abroad, this distinction matters.

Appearing in court from abroad

Section 530 of the BNSS allows trials, inquiries and other proceedings to be held in electronic mode, and the courts' video-conferencing rules govern how. A Magistrate may also dispense with an accused's personal attendance and permit appearance through counsel under Section 228 of the BNSS. Whether either is allowed on a particular date is for the court to decide; an application explaining the circumstances, with proof of residence and employment abroad, is the usual route.

Foreign divorce, settlement and other matters

A divorce decree obtained abroad is not automatically recognised in India. In Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) 3 SCC 451, the Supreme Court held that a foreign matrimonial judgment is recognised only within the limits of Section 13 of the Code of Civil Procedure, broadly where the foreign court had jurisdiction recognised by Indian law and decided the matter on a ground available under the law under which the parties married. This deserves separate advice before relying on a foreign decree.

Many matrimonial cases end in settlement, often through mediation. Where parties settle, the High Court can quash the criminal proceedings on that basis. Questions about visas, work permits or immigration status in the country of residence are outside Indian law and should be taken to immigration counsel in that country.

Documents that matter

• a copy of the FIR or complaint, and any police notice received;

• proof of residence and employment abroad, and travel dates;

• the passport, with any notice or order about it;

• documents on the marriage, the period of living together, and where each party lived; and

• any messages, emails or earlier complaints relevant to the allegations, kept unaltered.

Summary

A criminal or dowry case in India does not by itself mean arrest at the airport or loss of a passport. A police notice under Section 35(3) BNSS should be answered through counsel; a passport cannot be impounded without a hearing; and High Courts have set aside Look Out Circulars issued mechanically in matrimonial cases. Anticipatory bail can be sought from abroad, but courts generally require the applicant's presence before the final hearing. Quashing can be pursued through counsel, and relatives facing only general allegations often rely on that ground. Where the alleged acts took place abroad, Section 208 BNSS requires the Central Government's sanction for those acts. Each case depends on its own record, and the order in which steps are taken – especially travel to India – should be planned in advance.