Key takeaway
Do not ignore it and do not book a flight to India before taking advice. Get a copy of the FIR, have a criminal lawyer in India assess the offences, and consider anticipatory bail and whether a Look Out Circular may have been issued. Many steps can be started from abroad.
The law has changed
From 1 July 2024 the Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the Indian Penal Code by the Bharatiya Nyaya Sanhita, 2023 (BNS). Older FIRs remain governed by the old law for many purposes. Your lawyer will tell you which applies.
Step 1: Get the FIR and understand the allegations
- A copy of the FIR can be obtained from the police station or, in many states, downloaded from the state police website.
- Check the sections invoked — whether the offences are bailable or non-bailable, and the maximum punishment.
- Common FIRs against NRIs relate to matrimonial cruelty and dowry, cheating or breach of trust in money and property disputes, and online or cyber complaints.
Step 2: Protect yourself from arrest
- Anticipatory bail — an application to the Sessions Court or High Court under Section 482 BNSS (earlier Section 438 CrPC). Courts have taken differing views on hearing applicants who are outside India; interim protection is sometimes granted so that you can travel and join the investigation.
- Notice to appear — for offences punishable with imprisonment up to seven years, police are generally expected to issue a notice of appearance (Section 35 BNSS, earlier Section 41A CrPC) rather than arrest straight away, following the Supreme Court’s guidance in Arnesh Kumar v. State of Bihar (2014).
Step 3: Check for a Look Out Circular
A Look Out Circular (LOC) can lead to you being stopped when entering or leaving India. LOCs are issued under Ministry of Home Affairs guidelines at the request of the investigating agency or court. If one has been issued without proper grounds, it can be challenged before the High Court, or withdrawal can be sought. Passport impounding or refusal can be challenged under the Passports Act, 1967.
Step 4: Consider quashing or settlement
If the FIR is false, an abuse of process or the dispute has been settled, a petition can be filed in the High Court to quash it (under Section 528 BNSS, earlier Section 482 CrPC). Matrimonial and money disputes are sometimes settled through mediation, after which the High Court may quash the proceedings.
Documents to gather
- Copy of the FIR or complaint and any police notice
- Passport, visa or residence permit, OCI card
- Proof of residence and employment abroad
- Emails, messages, bank records or contracts supporting your side
- Details of any civil, family or other related cases
Common mistakes to avoid
- Travelling to India without knowing whether an LOC exists or bail is in place.
- Contacting the complainant or witnesses in a way that could be seen as pressure.
- Ignoring notices or summons because you are abroad.
- Assuming the matter will fade away — courts can issue warrants and proclamations.
Frequently asked questions
Can I apply for anticipatory bail while I am abroad?
Your lawyer can file it on the basis of documents you sign abroad. Courts differ on granting final relief to someone outside India, but interim protection to enable travel is sometimes granted.
Will I be arrested at the airport?
It depends on whether an LOC or warrant exists and whether you have protection from arrest. Take advice before you travel.
Can the case be closed if we settle?
Many offences arising from private disputes can be compounded or quashed by the High Court after settlement. Some serious offences cannot.
Related LegalCops services
- NRI anticipatory bail
- NRI criminal and cyber crime help
- Find a lawyer in India · Request a call back
References
- Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 35, 173, 482, 528
- Bharatiya Nyaya Sanhita, 2023
- Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
- Passports Act, 1967; Ministry of Home Affairs guidelines on Look Out Circulars
Last reviewed: November 2026.
The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.
