Look Out Circular (LOC)

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Look Out Circular(LOC)

1. What is a Look Out Circular?


The Look Out Circular (LOC) is a mechanism used by Indian law
enforcement agencies to monitor the movement of individuals who are
wanted by the police or are suspects in criminal cases. The LOC is issued
to the immigration authorities at all airports and seaports in India, and
the authorities are instructed to detain the individual and inform the
concerned agency if the person is found trying to leave the country. The
LOC is usually issued in cases where the individual is either a fugitive
from justice or is suspected of being involved in a serious crime. The
LOC is an important tool for the police in preventing criminals from
fleeing the country and avoiding arrest.
2. How to submit an application for a Look Out Circular?
In India, to submit an application for a Look Out Circular, you will need
to contact the relevant authorities, such as the Ministry of Home
Affairs, and provide them with the necessary details and reasons why
you believe that the Look Out Circular is necessary. The authorities will
review your application and may conduct their own investigation to
determine whether a Look Out Circular is necessary. If they determine
that a Look Out Circular is necessary, they will issue one against the
person in question.
If you believe that a Look Out Circular is necessary in your case, you can
apply to the relevant authorities to have one issued. In India, the
Ministry of Home Affairs is the nodal agency for issuing Look Out
Circulars.
To apply for a Look Out Circular, you will need to submit an application
to the relevant authorities. The application should include details of the
person against whom you are seeking the Look Out Circular, as well as
the reasons why you believe that the Look Out Circular is necessary.

The authorities will review your application and may conduct their own
investigation to determine whether a Look Out Circular is necessary. If
they determine that a Look Out Circular is necessary, they will issue one
against the person in question.

It is important to note that Look Out Circulars are only issued in


exceptional cases where there is a genuine threat to the life or safety of
a person. If you are unsure whether a Look Out Circular is necessary in
your case, it is important to seek legal advice.
3. Who can issue a Look Out Circular?
No, Look Out Circulars are issued by the Ministry of Home Affairs,
Government of India. You cannot submit an application for a Look Out
Circular to a district magistrate. You will need to contact the relevant
authorities, such as the Ministry of Home Affairs, and provide them
with the necessary details and reasons why you believe that the Look
Out Circular is necessary. They will review your application and
determine whether a Look Out Circular is necessary.
Can a look out circular be issued if there is a mere threat to the life or
safety of a person?
Yes, there are cases where Look Out Circulars have been issued in
situations where there is a threat to the life or safety of a person. One
such case is the Hadiya case, where the Supreme Court of India
directed the National Investigation Agency to conduct a probe into
allegations of forced conversion and marriage of a woman, and also
issued a Look Out Circular to prevent her from being taken out of the
country. However, it is important to note that Look Out Circulars are
not generally issued in child custody cases and are only used in
exceptional cases where there is a genuine threat to the life or safety of
a person.
4. Is one parent’s consent enough to take the child abroad?
As per the trend in vogue the consent of both the parents are required
for taking the child abroad. Since, one is not divorced or judicially
separated you may not get such permission by authorities.
Some milestone cases in lieu of LOC.
The Hadiya case, also known as the Kerala Love Jihad case, is a
controversial case in India that involves allegations of forced conversion
and marriage of a woman. Hadiya, a 24-year-old woman from Kerala,
converted to Islam and married a Muslim man named Shafin Jahan. Her
father, however, alleged that his daughter was forced to convert and
marry, and filed a petition in the Kerala High Court seeking to annul the
marriage. The High Court annulled the marriage and placed Hadiya in
the custody of her parents.

Shafin Jahan appealed the decision in the Supreme Court of India,


which ordered a National Investigation Agency (NIA) probe into the
allegations of forced conversion and marriage. The Supreme Court also
directed that Hadiya be produced before it, and issued a Look Out
Circular to prevent her from being taken out of the country.
The NIA conducted an investigation and submitted a report to the
Supreme Court, which stated that there was no evidence of forced
conversion or marriage. The Supreme Court then set aside the High
Court's decision and allowed Hadiya to live with her husband. The case
has been widely debated in India, with some seeing it as an issue of
religious freedom, while others view it as a case of forced conversion
and marriage.
Another case in which a Look Out Circular was issued in the interest of a
person's safety is the Nirav Modi case. Nirav Modi is a businessman
who is accused of defrauding the Punjab National Bank of over Rs.
13,000 crore. After the allegations came to light, Nirav Modi fled the
country and was believed to be in London.

The Indian authorities issued a Look Out Circular against Nirav Modi to
prevent him from leaving the UK and to facilitate his extradition to
India. The UK authorities arrested Nirav Modi in March 2019, and he is
currently fighting extradition to India.

It is important to note that Look Out Circulars are not generally issued
in child custody cases and are only used in exceptional cases where
there is a genuine threat to the life or safety of a person.

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