The Home Ministry has made a major change in the rules for issuing look-out circulars. Find out what has changed now.

News Topical, Digital Desk : The Home Ministry has made a major change to the rules for issuing Look Out Circulars (LOCs). Statutory bodies such as the National Commission for Women (NCW), National Human Rights Commission (NHRC), National Commission for Protection of Child Rights (NCPCR), and National Company Law Tribunal (NCLT) will no longer be able to directly seek a LOC from the Bureau of Immigration (BoI) to prevent an Indian or foreigner from leaving the country.

The Home Ministry has clearly stated that all such requests will now be routed through law enforcement agencies. This change was made in a communication sent to all relevant agencies last month. Previously, these bodies could make requests directly to the BoI, but this will no longer be possible. This step has been taken to prevent misuse of the LOC and to streamline the process.

Prohibition on statutory bodies

The Ministry of Home Affairs has clearly stated that statutory bodies that do not have criminal jurisdiction cannot directly request the opening of a LOC. The BoI must immediately return any such request or order upon receipt. It must also inform the entity that it is not authorized to open a LOC and refer it to the relevant law enforcement agency.

The ministry has included NCW, NHRC, NCPCR, NCLT and any other tribunal which does not have criminal jurisdiction in this list.

What was the difference in the old system?

The previous guidelines did not prohibit these bodies from making requests directly. However, they did require that such requests be accompanied by complete information provided to law enforcement agencies, such as the police. The concerned Superintendent of Police (SP) would then assess the situation and request the issuance of a LOC. Immigration officials would only act on messages received from authorized officials.

New options in LOC proforma

The Ministry of Home Affairs has also updated the LOC form, which now has three standardized options.

• Detain and inform originator
• Prevent Departure and Inform Originator
• C Remarks for Action (See comments and take action).

Intelligence agencies like IB, RAW, CBI, NIA and state ATS units can use the 'C Remarks' category only for counter-terrorism.

New procedure regarding court order

However, if a court orders the removal, cancellation or suspension of the LOC, the 'originator' (the agency that sought the LOC) will have to request the court to send the order directly to it so that immediate action can be taken.

If the immigration officer receives a court order directly from the individual, the court registry, or a central government lawyer, they must immediately notify the originating agency by email. The originator must respond without delay, within a maximum of 7 working days. The individual will not be allowed to depart until the LOC is updated in accordance with the court order in the BoI system.

An official explained that individuals from the LOC often arrive at Integrated Check Posts (ICPs) with court orders. ICPs have no way to verify the authenticity of the orders, so such orders will now reach the BoI through the originator.

New time limit for detention of a person

The new guidelines also set a timeframe for taking custody of a person with LOC. Upon locating the person, the BoI must immediately notify the originator via phone, email, or portal.

If the originator fails to seek detention within three hours, immigration officials will hand the individual over to the local police. The originator must then seek detention within 24 hours, and the BoI will monitor this process.

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