Look Out Circular

A look -out circular or LOC is issued when an accused is considered a “flight risk”. It is issued to prevent a person from travelling abroad. 

There was no legal definition of LOC. However, LOC is interpreted as a communication received from an authorized government agency with reference to a person who is wanted by that agency for fulfilment of a legal requirement, to secure arrest of a person evading arrest, to nab a Proclaimed Offenders so as to facilitate court proceedings by securing presence of under trials.  

Ref: HIGH COURT OF DELHI, W.P.(Crl.) No. 1315/2008, SUMER SINGH SALKAN Vs. ASSTT. DIRECTOR & ORS., Date of Order: August 11, 2010 

Ans: 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.

Ref: HIGH COURT OF DELHI, W.P.(Crl.) No. 1315/2008, SUMER SINGH SALKAN Vs. ASSTT. DIRECTOR & ORS., Date of Order: August 11, 2010 

Ans: The Investigating Officer shall make a written request for LOC to the officer as notified by the circular of Ministry of Home Affairs, giving details & reasons for seeking LOC. The competent officer alone shall give directions for opening LOC by passing an order in this respect.

Ref: HIGH COURT OF DELHI, W.P.(Crl.) No. 1315/2008, SUMER SINGH SALKAN Vs. ASSTT. DIRECTOR & ORS., Date of Order: August 11, 2010 

Ans: The person against whom LOC is issued 

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 LOC can be withdrawn by the authority that issued and can also be rescinded by the trial court where case is pending or having jurisdiction over concerned police station on an application by the person concerned.

Ref: HIGH COURT OF DELHI, W.P.(Crl.) No. 1315/2008, SUMER SINGH SALKAN Vs. ASSTT. DIRECTOR & ORS., Date of Order: August 11, 2010 

Ans: 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.

AnsLOC 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.

1. Ministry of Home Affairs’ Circular No. 15022/13/78-F.1 dated 5th September, 1979
2. Ministry of Home Affairs’ office memorandum No. 15022/20/98-F.IV dated 27th December, 2000
3. Office Memorandum No.25016/10/2017-Imm (Pt.) dated 22nd February 2021,
4. Corrigendum issued by the Ministry of Home Affairs Foreigners Division, dated 10.08.2021 - No.25016/10/2017-Imm (Pt.)

1. Ministry of External Affairs, 
2. the Customs and Income Tax Departments, 
3. Directorate of Revenue intelligence, 
4. Central Bureau of Investigation, 
5. Interpol, 
6. Regional Passport Officers, 
7. Police authorities in various States.

Ref: para 2 - Ministry of Home Affairs’ Circular No. 15022/13/78-F.1 dated 5th September, 1979

Request for opening of LOC must invariably be issued with the approval of an Officer not below the rank of 

1. Deputy Secretary to the Government of India; or
2. Joint Secretary in the State Government; or
3. District Magistrate of the District concerned; or
4. Superintendent of Police (SP) of the District concerned; or
5. SP in CBI or an officer of equivalent level working in CBI; or
6. Zonal Director in Na rcotics Control Bureau (NCB) or an officer of equivalent level (including Assistant Director (Ops.) in Headquarters of NCB); or
7. Deputy Commissioner or an officer of equivalent level in the Directorate of Revenue Intelligence or Central Board of Direct Taxes or Central Board of Excise and Customs; or
8. Assistant Director of IB/Bol; or
9.  Deputy secretary of R&AW; or
10. An officer not below the level of Superintendent of Police in National Investigation Agency, or
11. Assistant Director of Enforcement Directorate; or
12. Protector of Emigrants in the office of the Protectorate of Emigrants or an officer not below the rank of Deputy Secretary of the Government of India; or
13. Designated officer of Interpol; or
14. Criminal Court in India.

Ref: High Court of Madras, WP No. 2477 of 2020 & Ors. Rahul Sharma Vs. SFIO & Ors.

Unless otherwise specified in the warning circular itself, the circulars issued by any of the various authorities will be regarded as invalid if it is more than one year old and the card will be weeded out. 

For the future, it is considered that whenever any authority issues a warning circular to the immigration authorities, the period of validity should be clearly specified in the circular. If this is not done, the circular will be considered to be valid only for a period of one year from the date of issue and a watch will be maintained by the person concerned at the immigration check posts only for that period.'

Ref: para 2 - Ministry of Home Affairs’ Circular No. 15022/13/78-F.1 dated 5th September, 1979

An LOC is valid for a period of one year. It can, however, be extended further before the expiry of the one year period. In case no request for extension of LOC is received before expiry of one year period, an LOC will automatically be closed by the Immigration Officer concerned after expiry of one year period.

Ref: Ministry of Home Affairs’ office memorandum No. 15022/20/98-F.IV dated 27th December, 2000