Cases for Indians abroad

Named in a Ghaziabad 498A (now Section 85 BNS) case while living abroad: Look Out Circular, airport arrest and anticipatory bail

If your wife or her family has filed or threatened a dowry case in Ghaziabad while you work in Dubai, Abu Dhabi or Singapore, this is what decides whether you are stopped at the airport and what can be done before you fly.

Advocate Vishu KushwahaAdvocate, District Court Ghaziabad · Checked 29 October 2026

The offence: Section 85 BNS (old Section 498A IPC): up to three years and fine. A notice under Section 35(3) BNSS (old Section 41A CrPC) is the rule, arrest the exception.
Look Out Circular: Requested by the agency handling the case and approved by a senior officer such as the district Superintendent of Police, under Home Ministry guidelines of 2010, 2017 and 22.02.2021.
Bail from abroad: The Allahabad High Court granted it to an applicant in Canada (made absolute 18.09.2026); the Gujarat High Court refused a Dubai applicant (02.02.2026). No Supreme Court ruling.
After settlement: The circular stays until the originating agency asks for deletion. Quashing the FIR does not remove it by itself.

An FIR under Section 85 BNS (old Section 498A IPC) has been filed at a Ghaziabad police station, or is being threatened, and the husband works in Dubai, Abu Dhabi or Singapore. This page answers from Indian law only; questions about your job, visa or any case in the UAE or Singapore go to a lawyer licensed there. The page on threat of arrest in a dowry case covers the steps at home.

What a Look Out Circular is, and who can open one

A Look Out Circular is a request from the originating agency, in a Ghaziabad FIR the police, to the Bureau of Immigration to watch for a named person at the border. In Sumer Singh Salkan v. Asstt. Director, W.P.(Crl.) 1315/2008, decided on 11.08.2010, the Delhi High Court held that a circular can be used in cognizable offences where the accused is deliberately evading arrest or ignoring the trial court despite non-bailable warrants, and is likely to leave the country to evade trial or arrest.

The memorandum of 27.10.2010 lists the officers whose approval a request needs, among them the District Magistrate and the Superintendent of Police of the district. Detention through a circular is for cognizable offences; where there is no cognizable offence, the person cannot be detained or stopped, and the agency can only ask to be told of arrival and departure. A request from a body such as the National Commission for Women must come through the police. A memorandum of 05.12.2017 added an exceptional ground for national security and economic interests. The consolidated guidelines of 22.02.2021 keep a circular in force until the originating agency asks for its deletion.

The 2026 rulings on circulars in 498A (now Section 85 BNS) cases

High Courts have held that a Look Out Circular is not meant for routine matrimonial cases. In Sunil S/o Nagappa Tumbagi v. Union of India, WP No. 101153 of 2026, 2026:KHC-D:4191, decided on 16.03.2026, the Karnataka High Court recalled a circular against a husband working in Germany who was accused under Section 85 BNS and the Dowry Prohibition Act. It found no threat to sovereignty or security, said police were opening circulars in 498A cases in a mechanical manner, and held that circulars are meant for grave offences, offences against society and serious financial irregularities.

In Yernagula Kalyan v. Union of India, WP No. 2552 of 2026, decided on 22.06.2026, the Andhra Pradesh High Court said the same for a husband living in London, and directed the originating agency to consider his representation for recall once he had received a Section 35(3) BNSS (old Section 41A CrPC) notice and undertaken to cooperate. The Supreme Court has not ruled on circulars in 498A (now Section 85 BNS) cases, and these two judgments persuade, but do not bind, the Allahabad High Court, which hears Ghaziabad cases.

Finding out before you fly, and challenging a circular

Find out before you book the ticket. A circular is an executive request, not a court order, so the chamber works through the case: it reads the FIR and the court record, checks for any notice, summons or warrant, and writes to the originating police authority asking whether a circular exists and on what ground. If one does, the first route is a representation to that authority to withdraw it, with an undertaking to cooperate, as in the Andhra Pradesh case. The second is a writ petition under Article 226 before the Allahabad High Court.

If you land: the arrest rules

Arrest in a 498A case is not automatic, and the rules do not change because the accused lives abroad. In Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, the Supreme Court directed police not to arrest automatically when a 498A case is registered, to record reasons before any arrest, and otherwise to serve the notice now in Section 35(3) BNSS (old Section 41A CrPC) within two weeks. The directions cover every offence punishable with up to seven years; Section 85 BNS carries up to three. By order of 15.01.2026 in Satender Kumar Antil v. CBI, 2026 INSC 115, the Supreme Court said that for such offences the notice is the rule and arrest under Section 35(6) BNSS a clear exception, justified only by fresh material not available when the notice was issued.

In Mukesh Bansal v. State of U.P., Criminal Revision No. 1126 of 2022, decided on 13.06.2022, the Allahabad High Court laid down a two-month cooling period after a 498A (now Section 85 BNS) FIR or complaint, with no arrest or police action to nab the named accused, while a Family Welfare Committee under the District Legal Services Authority meets the parties. It covers 498A cases without injury or a charge of attempt to murder, where the other offences carry less than ten years. In Shivangi Bansal v. Sahib Bansal, 2025 INSC 883, the Supreme Court directed that these guidelines remain in effect and be implemented. That direction came in a non-reportable settlement judgment, so treat the cooling period as guidelines a court can be asked to apply, not a statutory right. Whether such a committee is functioning in Ghaziabad district is not known; the chamber asks the District Legal Services Authority.

Anticipatory bail while you are abroad

An application under Section 482 BNSS (old Section 438 CrPC) can be filed while you are abroad, but the law is not settled. In Ankit Kakkar v. State of U.P., 2026:AHC:196969, the applicant lived in Canada and was accused in an FIR at Nandgram police station, Ghaziabad, in a cheating and forgery case. The Allahabad High Court granted interim protection on 08.12.2025 on conditions that he appear before the trial court, not leave India without permission and file a personal affidavit, and on 18.09.2026, after he had appeared regularly, made it absolute until the end of the trial. It relied on a Kerala High Court Division Bench ruling, Anu Mathew v. State of Kerala.

The Gujarat High Court took the other view in Ankur Gopalbhai Patel v. State of Gujarat, R/CR.MA/26078/2025, order of 02.02.2026, refusing pre-arrest bail to an applicant who had affirmed his petition in Dubai, also on the merits. There is no Supreme Court ruling. Courts expect the applicant to return and cooperate, and a condition not to leave India matters to someone working abroad; the application deals with travel from the start. A person declared a proclaimed offender under Section 84 BNSS (old Section 82 CrPC) is ordinarily not entitled to anticipatory bail (Lavesh v. State (NCT of Delhi), (2012) 8 SCC 730), so do not ignore a summons. The page on anticipatory bail under Section 482 BNSS (old Section 438 CrPC) covers which court and what the judge weighs.

Your passport

Only the passport authority can impound a passport. Section 10(3) of the Passports Act, 1967 allows it to impound or revoke one where proceedings for an offence alleged against the holder are pending before a criminal court in India (clause (e)), or a warrant or summons for appearance or arrest has been issued or a court has prohibited departure (clause (h)). In Suresh Nanda v. CBI, (2008) 3 SCC 674, the Supreme Court held that neither the police nor a criminal court can impound a passport.

After a settlement: quash the case, then withdraw the circular

A settlement between the families ends the dispute, not the FIR. The case is closed by a petition before the Allahabad High Court under Section 528 BNSS (old Section 482 CrPC), explained on the page on quashing a 498A (now Section 85 BNS) case after settlement. The circular is a separate step: it stays until the originating agency asks for deletion, so neither the settlement nor the quashing order reaches the Bureau of Immigration by itself. After the order, the chamber sends a certified copy to the originating police authority with a written request to delete the circular, keeps proof of delivery and follows it up. Plan travel only after that.

What to send from Dubai, Abu Dhabi or Singapore

Send on WhatsApp to +91 98710 27648 the FIR or complaint (or the threat, if nothing is filed yet), the police station, any notice, summons or warrant, your passport, where you live and work, the date you plan to travel, and any settlement talks or pending divorce and maintenance cases. The pages on a Ghaziabad case from Dubai or Abu Dhabi and a Ghaziabad case from Singapore cover powers of attorney and video hearings, and the hub on cases for Indians abroad has the rest.

Questions people ask

Will I be arrested at Delhi airport if a 498A (now Section 85 BNS) case is filed against me in Ghaziabad?

Not automatically. The risk at the airport comes from a Look Out Circular, which the police must request and a senior officer must approve. For offences punishable with up to seven years, which includes Section 85 BNS (old Section 498A IPC), the Supreme Court has held that a notice under Section 35(3) BNSS (old Section 41A CrPC) is the rule and arrest the exception. Find out before you fly.

How do I find out whether a Look Out Circular has been opened against me?

Ask before you travel. A Look Out Circular is a request from the agency handling the case to the Bureau of Immigration, not a court order. The chamber reads the FIR and the court record, checks for any notice or warrant, and writes to the police authority that would have originated the circular, asking whether one exists and on what ground. If one does, that letter becomes the start of the request to withdraw it.

Can I apply for anticipatory bail while I am still in Dubai or Singapore?

An application can be filed, but the law is not settled. In 2026 the Allahabad High Court made anticipatory bail absolute for an applicant living in Canada who was accused in a Ghaziabad FIR, on conditions that included appearing before the trial court. The Gujarat High Court refused a Dubai-based applicant in February 2026. The Supreme Court has not decided the point, and courts expect the applicant to return and cooperate.

Can the police or the court take my passport in a 498A (now Section 85 BNS) case?

Under Section 10(3) of the Passports Act, the passport authority can impound or revoke a passport, for example where criminal proceedings against the holder are pending in an Indian court, or a warrant or summons has been issued. In Suresh Nanda v. CBI the Supreme Court held that the police cannot impound a passport, and neither can a criminal court. A bail order can still restrict travel through its conditions.

We have settled. Is the Look Out Circular cancelled automatically?

No. Under the Home Ministry guidelines of 22.02.2021, a Look Out Circular stays in force until the agency that requested it asks for its deletion. A settlement between the families, and even a High Court order quashing the FIR, does not reach the Bureau of Immigration on its own. After the case is quashed, the chamber sends the order to the originating authority with a written request for deletion.

Send the FIR to Chamber 817 before you fly

Chamber 817, District Court Complex, Raj Nagar District Centre (RDC), Ghaziabad, Uttar Pradesh 201002. Monday to Saturday, 9 am to 9 pm Indian time; 10:00 in Ghaziabad is 08:30 in Dubai and 12:30 in Singapore. Send the papers on WhatsApp; the advocate replies between hearings.

Call +91 98710 27648

General information about criminal cases against Indians abroad, not advice on your case. See the Bar Council disclaimer. How to find Chamber 817.