If a criminal complaint is filed against you in India while you live in Italy, your lawyer can obtain the FIR or complaint, apply for anticipatory bail under section 482 of the BNSS (formerly section 438 CrPC), challenge a Look Out Circular, and seek quashing under section 528 of the BNSS (formerly section 482 CrPC) where the case is without basis. Many steps can be taken before you travel, so you are not arrested on arrival.
- Document route
- Notaio plus apostille from the Procura, or Indian mission attestation
- Time difference
- India is 3.5 hours (summer) to 4.5 hours (winter) ahead
- Anticipatory bail
- BNSS 482 (CrPC 438)
- Quashing
- BNSS 528 (CrPC 482)
Criminal Defence & Look Out Circulars from Italy: how it works
We first find out what exists: an FIR, a complaint pending before a magistrate, a summons, a non-bailable warrant or a Look Out Circular. Matrimonial complaints now fall under sections 85 and 86 of the Bharatiya Nyaya Sanhita (formerly section 498A IPC) and the Dowry Prohibition Act, often alongside allegations against parents and siblings in Punjab. We obtain copies, check whether notice has been issued for appearance under the BNSS, and advise on cooperating with the investigation through a lawyer while you remain in Italy. Courts have held that arrest should not be automatic in such cases.
Anticipatory bail is applied for in the Sessions Court or the Punjab and Haryana High Court, and can often be argued without your presence, though the court may require you to join the investigation in India later. If a Look Out Circular has been opened, we challenge it before the issuing authority or the High Court. Where your passport is threatened, we respond to notices under the Passports Act. If the marriage dispute is settled, the High Court can quash the case on the basis of the settlement, which ends the criminal exposure for the whole family.
What clients in Italy should know
- Do not travel to India until you know whether a Look Out Circular exists; many people from Italy learn of it only at the immigration counter.
- Missing a court date while working in Italy can lead to a non-bailable warrant, so keep your lawyer informed of any summons received by family in India.
- Long periods in India dealing with a case can put your Italian residence permit renewal at risk; plan appearances with both your Indian and Italian advisers.
Step by step from Italy
Video consultation
A call at a time that suits Italy, after we have read your documents.
Documents signed in Italy
Notaio plus apostille from the Procura, or Indian mission attestation
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 Italy where needed.
The full guide
This page covers what changes when you are in Italy. 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 Italy and the Disputes & Enforcement practice area.
Questions from clients in Italy
Can I get anticipatory bail while I am in Italy?
Yes, courts can hear an anticipatory bail application filed through your lawyer, though they may impose conditions such as joining the investigation on arrival in India.
How do I find out if there is a Look Out Circular against me?
There is no public search. We make enquiries through the case records and, where needed, apply to the court or authority concerned.
Can my passport be cancelled because of the case?
The passport authority can impound or refuse a passport where criminal proceedings are pending, but must follow the Passports Act procedure, and you can respond and appeal.