No Homecoming For Criminals? India Tightens Overseas Citizen Card Rule
India has tightened its Overseas Citizen of India (OCI) card rules, which allow Indian-origin foreign nationals to visit India without any visa. In a gazette notification, the Ministry of Home Affairs said the OCI registration of individuals will be liable for cancellation if convicted of a serious criminal offence or formally charge-sheeted in cases involving grave charges.
The Ministry specified two key grounds for cancellation: if an OCI cardholder is sentenced to imprisonment for a term of two years or more, and if they are charge-sheeted for an offence that carries a punishment of seven years or more.
"In exercise of the powers conferred by clause (da) of section 7D of the Citizenship Act, 1955 (57 of 1955), the central government hereby states that an Overseas Citizen of India (OCI) registration shall be liable to get cancelled when a person has been sentenced to imprisonment for term of not less than two years or has been charge-sheeted for an offence entailing punishment of imprisonment for seven years or more," the notification reads.
Reason Behind The Move
Quoting Home Ministry officials, news agency ANI reported that the move is aimed at tightening the legal framework governing OCI status, which grants certain rights and privileges to foreign citizens of Indian origin.
"The provision applies irrespective of whether the conviction occurred in India or abroad, provided the offence is recognised under Indian law," the official said.
The latest notification marks a shift toward stricter scrutiny of OCI holders, aligning the privileges of the card with a higher standard of legal and moral conduct.
Legal experts note that while conviction has long been a ground for cancellation, the inclusion of charge-sheeting, prior to judicial determination, may raise concerns about due process and potential misuse.
The move is expected to impact OCI holders involved in serious criminal proceedings, including financial fraud, organised crime, and other offences under Indian penal laws.
About The Scheme
The OCI scheme was introduced in August 2005, allowing foreign nationals of Indian origin to travel to India without a visa, offering long-term residency and multiple-entry benefits. It is available to individuals who were citizens of India on or after January 26, 1950, or were eligible to become citizens on that date.
However, the scheme excludes individuals who are, or have been, citizens of Pakistan, Bangladesh, or any other country specified by the government in the official gazette.
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