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What are Look Out Circulars (LOCs): Purpose, Issues & More | UPSC Notes
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What are Look Out Circulars (LOCs) & Their Purpose?
A Look Out Circular is simply a notice issued by immigration checkpoints at airports, seaports, and land borders to alert the public about people whose travel might be restricted or who might be detained if they attempt to leave or enter the country. The chief purpose for employing the LOC is that of preventing persons, in this case, particularly those under investigation for criminal offenses or who are involved in legal proceedings, from attempting to flee out of the country to avoid law enforcement agencies. However, it can also be expanded to a much larger group of people, such as fraudulent financing and terrorism as well as national security issues.
The Union Ministry of Home Affairs issues guidelines that govern the formulation and utilization of LOCs, and LOCs can be requested for issue upon investigative requirements by any agency be it State police, intelligence bureau (IB), Enforcement Directorate, CBI, or UPSC.
Why Look Out Circulars (LOCs) are Issued?
These are the following circumstances that may call for the issuance of a Look Out Circular (LOC):
- Criminal Cases of Investigation: If an individual is suspected to be involved in a criminal case or framed charges against him, an LOC is released to prevent him from leaving the country before his case is concluded and he is given the opportunity to stand trial.
- Financial Irregularity: In case of financial fraud, an LOC can be issued to ensure individuals indulged in or suspected of major financial irregularities do not flee.
- Security Concern: For an individual engaged in activities adverse to national security, like espionage or terrorism, an LOC is issued against the individual to keep him under the immigration authority's scanner.
- Non-compliance with Court Orders: Individuals who have been summoned by a court or who are involved in legal disputes, especially concerning civil matters such as child custody or financial dues, may have an LOC issued against them if there is a concern that they might flee to avoid compliance with court directives.
- Personal Disputes: Even parties involved with personal disputes like familial disputes or matrimonial issues (often with one spouse living abroad) are also subjected to LOCs, especially if there is a complaint of non-cooperation or abuse.
Who Can Issue a Look Out Circular (LOC)?
These are the following agencies in India who are empowered to issue Look Out Circular (LOC):
- State Police: In a country, local police or the state police can request an LOC when they feel that this person is likely to flee the country or is involved in a case under investigation.
- Enforcement Directorate: It investigates financial crimes, such as money laundering, and also looks for LOCs in order to prevent those individuals from leaving the country.
- Central Bureau of Investigation: It is the mainstream investigation agency of India. When there is a case of corruption, a very high-profile case, or a financial fraud scam of a large scale, they can pursue LOCs.
- Immigration Department: LOCs are issued by the immigration authorities in their own right in case of malpractices in documents or visa malpractice.
- MHA: In case of national security, terrorism, and espionage, MHA may also issue LOC for tracking culprits and putting fetters on them not to attempt to leave the country.
Know more about Cross Border Terrorism in India!
Conclusion
Look out Circular is an essential tool of the Indian law enforcement and immigration control apparatus. It plays an important role in preventing those under probe or against whom some legal process is initiated from escaping. LOCs are very essential for the protection of the people, but issuance of the same has to be judicious so as not to affect the rights of people without a valid and significant reason. As national security concerns evolve, and financial crimes grow increasingly sophisticated, the LOC will likely continue being a crucial instrument for helping the country track down and detain people of interest and ensure justice. However, it needs to be used properly with proper oversight and respect for due process to prevent its possible misuse.
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Look Out Circular UPSC FAQs
Are there particular cases or recent examples where LOCs have been used extensively?
LOCs have been used in a number of high-profile cases related to economic offenses and financial fraud as well as absconding. e.g Nirav Modi Money laundering Case, Vijay Mallya Money laundering Case etc.
Can an LOC be issued even for non-criminal matters?
Yes, there are instances where an LOC can be issued on civil matters-for example, family disputes, particularly when there is a question involving the custody of the children or marital issues, and one feels that there is a likelihood of one of the parties leaving the country to avoid court rulings or to avoid liability under the law.
Is it possible to appeal an LOC in the court?
Yes, an individual can challenge an LOC in court if he feels that it is issued improperly or his fundamental right to movement freely is infringed upon. It has been done before as courts have intervened in cases where LOCs were misused and therefore, a judicial check was in order.
What are the essential legal provisions under Look Out Circular?
LOCs are broadly regulated by administrative orders of the Ministry of Home Affairs, often along with other statutory provisions such as Passport Act, 1967, Criminal Procedure Code, Precedents of judicial orders etc.
What is the role of the Ministry of Home Affairs in the process of issuing LOCs?
The Ministry of Home Affairs gives guidelines and framework for the issuance of LOCs. It also retains powers to issue LOCs in cases of national security, terrorism, or any other direct critical situation relating to law and order.