If a case is filed against you in India while you live in New Zealand, you can seek anticipatory bail and, where the FIR is an abuse of process, ask the High Court to quash it. Your advocate acts through a vakalatnama signed before a New Zealand notary with an apostille. If a Look Out Circular has been issued, it can be challenged before you travel.
- Document route
- New Zealand notary public, then apostille from the Department of Internal Affairs
- Time difference
- New Zealand is 6h30 (NZ winter) to 7h30 (NZ summer) ahead of IST
- Anticipatory bail
- BNSS 482 (CrPC 438)
- Quashing
- BNSS 528 (CrPC 482)
Criminal Defence & Look Out Circulars from New Zealand: how it works
We obtain the FIR and identify the offences under the Bharatiya Nyaya Sanhita with old IPC equivalents, any summons or warrant, and whether an LOC exists. An application for pre-arrest bail is then moved under the BNSS provision corresponding to the old section 438, with interim protection sought while you plan any visit to join investigation.
Where the case is baseless or the parties have settled, we petition the High Court under its inherent powers, now section 528 BNSS, for quashing. We also deal with passport impounding and permission to travel back to New Zealand. Because an Indian case can affect OCI status, and sometimes New Zealand immigration or character declarations, we plan the steps carefully. When a court date needs your presence, we arrange it so that you fly in with protection already granted and leave again without difficulty.
What clients in New Zealand should know
- Check whether an LOC exists before travelling if you know of any complaint against you.
- Settlements in matrimonial disputes should be recorded so that the High Court can quash the FIR.
- Indian police cannot arrest you in New Zealand; the practical risks are at Indian airports and to your OCI status.
Step by step from New Zealand
Video consultation
A call at a time that suits New Zealand, after we have read your documents.
Documents signed in New Zealand
New Zealand notary public, then apostille from the Department of Internal Affairs
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 New Zealand where needed.
The full guide
This page covers what changes when you are in New Zealand. 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 New Zealand and the Disputes & Enforcement practice area.
Questions from clients in New Zealand
Can I get anticipatory bail while in New Zealand?
Yes. Indian courts hear pre-arrest bail applications from people living abroad, and usually ask the applicant to make themselves available to the police on their next visit.
Can relatives in New Zealand named in a dowry case be protected?
Yes. High Courts frequently quash vague allegations against distant relatives.
What if my passport has been impounded?
We apply to the court or the passport authority for its release or for permission to travel.