Look-Out Circular: Arrest or Bail

What is a Look-Out Circular, and who can issue and when can it be
issued? Does LOC lead to arrest? Whether anticipatory bail can be
granted by Competent Court even if LOC was issued?

Look Out Circular or LOC is nowhere defined in Criminal Procedure

Code, although, in common parlance, LOC means a document i.e.
letter used by authorities to check, prevent and monitor effectively the
entry or exit of persons wanted by the law enforcement agencies like
Ministry of External Affairs, Customs and Income Tax Department,
CBI, Police, Enforcement Directorate etc. In short, an LOC is a circular
issued by authorities to ensure that a person wanted in a criminal case
does not flee the country. Normally, an LOC can be issued when a
person is absconding in a particular case registered against him, and
there is fear he may leave the country. In certain cases, the police can
also approach a court seeking restriction of a person’s movement
outside the country, when that person is a suspect in a case and there
is fear he may not joint the investigation at a later stage.

That LOCs can be of different types. As per the proforma for the issue
of LOC, it has various options from just informing the government that
the person against whom the LOC has been issued is leaving the
country, to seizing their travel documents and sending it to the agency,
to preventing the person from entering the country, informing
investigating agencies. The highest level of LOC involves handing over
the person to the local police which generally leads to an arrest.

The basic substantive guidelines regarding the publication of the LOCs

in relation to Indian citizens issued by the MHA enunciate the following
four cardinal principles: The request for opening of LOC is required to
be made to all immigration Checkposts in the country in the Official
Format prescribed by the MHA. The request for opening of LOC must
invariably be issued with the approval of an officer not below the rank
of Deputy Secretary to the Government of India/Joint secretary in the
State Government/Superintendent of Police concerned at the district
level. The originating agency must ensure that complete identifying
personal particulars of the person, in respect of whom the LOC is to be
opened, are clearly mentioned in the prescribed proforma. The LOC
will not be opened for less than three identity parameters other than
name of the subject. An LOC is valid for a period of one year. However,
in case the originating agency wants to extend the validity beyond one
year it can ask for the extension before the expiry of the one year
period. If no request is made for the extension of the LOC within the
stipulated period of one year, the Immigration Officer concerned is
authorized to suspend the LOC.

Look out circular sometimes may issued without following the

guidelines mentioned in the Official Memorendum in the references.
The affected person may approach the Hon'ble Human right
commission or higher courts and demand compensation for loss and
suffering if any.

Question was raised before Hon’ble Supreme Court as to whether

Anticipatory bail can be granted if look out circular was issued?
Supreme Court setaside the order of High Court1 then held “As already
submitted a person against whom look out circular has been issued
cannot invoke the jurisdiction available under Section 438 of Cr.P.C.
Since both these aspects were not brought to the notice of this Court,
anticipatory bail granted to the petitioner by this Court on 16.05.2018
in Crl.O.P.(MD).No.8155 of 2018 stands cancelled”. Accused
challenged the cancellation of anticipatory bail before the Supreme
Court. That Hon’ble Supreme Court2 observed and held “Given the
reasoning of the impugned judgment, we are of the view that
anticipatory bail that was granted earlier ought not to have been
cancelled. Accordingly, no coercive steps can be taken against the

1 Order dated 26.07.2018 passed in Crl. M.P. No. 5862 of 2018 Hon’ble High Court of Madras at
Madurai

2 Order dated 22.04.2019 passed in SLP (Crl.) no. 7282 of 2018

petitioner during the period of the trial. The Special Leave Petition
stands disposed of accordingly”. (emphasis supplied).