Lookout Notice

Lookout Notice is a circular issued by immigration officials to stop an accused from leaving the country. It is also known as Lookout Circular (LOC). These notices are used for apprehending people wanted in criminal cases. This notice is used by officials at international airports, international borders, and maritime areas and Ports, etc. A lockout circular is also issued to trace absconding criminals that are trying to flee from the country. Let’s understand in detail the lookout notice meaning.

Lookout Notice Meaning

A lookout notice helps in monitoring the movement of wanted individuals across international borders. This circular also acts as a tool to prevent the entry or exit of people wanted by different law enforcement agencies of the country like the Enforcement Directorate or the CBI.

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Basic Guidelines w.r.t the Issuance of the LOCs for Indian Citizens

These guidelines are issued by the Ministry of Home Affairs (MHA). According to these directives, if a LOC has been issued for an absconding individual, then he or she can be caught by an officer. The basic guidelines for this notice issued by the MHA concerning Indian citizens include:

• The request to issue Lookout Circular can only be generated with the approval of an officer, not below the rank of Deputy Secretary to the Government of India/Joint Secretary in the State Government/Superintendent of Police concerned at the district level. 

• Lookout Notice issued against any Indian citizen for all immigration check posts can only be issued in the prescribed format prepared by the Home Ministry. 

• The notice issuing agency must give complete identification details of the accused person in the prescribed format. LOC can not be issued if there are less than three identity parameters available for the accused other than the name

• Although most LOCs are valid for one year from the date of issue, if the LOC issuing agency wants to increase the period of this notice, it may do so before the completion of the one years one. In 2011, a new rule was implemented regarding the extension of LOC. According to this rule, if no request has been made for the extension of the LOC within the stipulated period of one year, it is within the authority of the concerned Immigration officer to suspend the LOC. However, lookout notices issued by the Court and Interpol do not follow the one-year expiration rule.

What is a Red Corner Notice?

A Red Notice, also known as a Red Corner Notice, is a request issued by Interpol on behalf of a member state to all other member states. This notice is issued to locate a suspect or an accused and to take steps for facilitating their arrest or surrender to the state requesting for the issuance of the notice. A red corner notice usually involves extradition proceedings. The legal effect of a Red Notice varies between member states. Every country is not legally bound to treat the red corner notice as a valid arrest warrant. Interpol cannot compel a member country to arrest an individual against whom the Red Notice has been issued and it is the discretion of the member country to decide the legal value it will attach to the Red Notice within its borders.

What is the Effect of Lookout Notice 498a Issued Against an Individual?

Let’s first understand what Section 498A is.  This act applies to the husband or relative of the husband of a woman subjecting her to cruelty. Whichever of the two subjects such a woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to pay fine under sec 498A. A lookout notice 498A is issued against the accused in such cases to stop them from leaving the country to escape any legal actions under this section. 

When a LOC is issued against a person, it has varied effects on his/her life. The primary purpose of the issuance of LOC is to prevent a person from leaving the country. When a lookout notice 489a is issued, it causes:

• Detention/ arrest at the airport

• If a person is employed in a foreign country and is detained or arrested because of a LOC, it can result in a job loss for not reporting to work.
  Being detained or arrested due to a LOC can lead to public humiliation and embarrassment.

• Monetary loss resulting from the loss of the ticket money

Obtaining Information about LOC

The information about a LOC issued against an individual is not public. RTI can not be used to obtain information as to whether a LOC is open or not. Most people get to know about a LOC issued against them only when they are detained at immigration or a checkpoint. Sources from where information can be obtained regarding a LOC are:

• From the police station where an FIR has been lodged against them

• Immigration authorities

• District SP / DSP office or from a similar ranking official in an investigative agency

• In the case of NRIs, this information can be obtained from the FRRO office

• Trial court records if the LOC has been issued by the court

Removal of LOC After Issuance

Both the investigative agency or the court issuing the LOC has the power to suspend or cancel the LOC either permanently or for a short period. The person must either appear before the investigating officer or surrender before the court. Alternatively, the person should try to convince the court or the officer who had ordered the issuance of the lookout notice that LOC was wrongly issued. 

LOC can either be withdrawn by the issuing authority or by the trial court where the case for the individual is pending or which has jurisdiction over the concerned police station. The individual against whom the LOC is issued can approach a trial court for the cancellation or removal of this circular. If the person has not been accused of a heinous crime or hasn't been arrested prior to the issuance of the LOC, the court can take a lenient approach. The court can decide to suspend the LOC or increase the surety.  

A Lookout Notice can help the authorities in keeping track of people wanted in criminal cases or offenders in other similar cases. The impact of lookout notices is still to be determined. It is yet to be established whether these notices have instilled fear in the minds of criminals. Most criminals in India still do not know lookout notice meaning. In many cases, LOCs in India have been issued against criminals and accused individuals residing in foreign countries or traveling abroad. There is no conclusive data available to give out the exact number of LOCs issued to date.