If a case is filed against you in India while you live in Australia, you can seek anticipatory bail and, where the FIR is an abuse of process, ask the High Court to quash it. Your advocate acts through a vakalatnama signed before an Australian notary with a DFAT apostille. If a Look Out Circular has been issued, it can be challenged or managed before you travel.
- Document route
- Australian notary public, then apostille from DFAT
- Time difference
- Australia is 2h30 (Perth) to 5h30 (Sydney and Melbourne in summer) ahead of IST
- Anticipatory bail
- BNSS 482 (CrPC 438)
- Quashing
- BNSS 528 (CrPC 482)
Criminal Defence & Look Out Circulars from Australia: how it works
We obtain the FIR and check the offences under the Bharatiya Nyaya Sanhita with old IPC equivalents, any summons or warrant, and whether an LOC exists. Anticipatory bail is sought under section 482 of the Bharatiya Nagarik Suraksha Sanhita (formerly section 438 CrPC), often with interim protection while you plan a visit to join investigation.
Where the case is baseless or settled, we seek quashing under section 528 BNSS (formerly section 482 CrPC) in the High Court. We also deal with passport impounding and permission to travel abroad. Because Indian cases can affect OCI status, we plan every step with that in mind. Indian-Australians who need to visit for a family event or a funeral while a case is pending can usually travel safely once interim protection is granted, and we prepare a short note of the orders to carry in case immigration officers ask questions at arrival.
What clients in Australia should know
- Check for an LOC before travelling to India if you know of any complaint.
- Matrimonial settlements should be documented so the High Court can quash the FIR.
- Indian police cannot arrest you in Australia; an open case mainly affects travel and OCI status.
Step by step from Australia
Video consultation
A call at a time that suits Australia, after we have read your documents.
Documents signed in Australia
Australian notary public, then apostille from DFAT
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Australia where needed.
The full guide
This page covers what changes when you are in Australia. For the law, the documents and the step-by-step procedure, read our main page on Criminal Defence & Look Out Circulars, or see all services for clients in Australia and the Disputes & Enforcement practice area.
Questions from clients in Australia
Can I get anticipatory bail from Australia?
Yes. Courts entertain such applications, usually with conditions to join investigation.
Can relatives in Australia named in a dowry case be protected?
Yes. Vague allegations against distant relatives are often quashed by High Courts.
What happens if an LOC is in force?
You may be stopped at the airport on arrival or departure, so we challenge it in the High Court or obtain protection from the trial court before you book any travel.