⚖️ Legal Learning – Shri Ganpati Jurists
Bharatiya Nagarik Suraksha Sanhita,
2023 – Section 528
📌 Right to Travel Abroad during Pendency of Criminal Proceedings
A 70-year-old petitioner sought permission to travel to Canada for a family function while criminal proceedings were pending.
Held: The right to travel abroad is a
fundamental right. Permission may be granted in ordinary circumstances, subject to safeguards ensuring the petitioner’s return and prevention of evidence tampering.
Conditions imposed: Filing of an undertaking, Deposit of passport on return,
Financial guarantee to secure compliance with court directions.
B. Fundamental Rights – Article 21, Constitution of India
📌 Right to Travel Abroad as a Human Right
Recognized as an integral facet of personal liberty, private life, and family relationships.
Restriction on this right must not be arbitrary.
Any curtailment must satisfy the test of fairness, reasonableness, and justice under procedure established by law.
✅ Key Learning:
The Right to Travel Abroad flows from Article 21 and can only be curtailed through just, fair, and reasonable legal procedure. Courts may allow foreign travel even during criminal proceedings, by imposing proportionate conditions to balance individual liberty with the interests of justice.
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