OCI registration to be cancelled for serious criminal offences: MHA

New Delhi: In a significant tightening of norms governing Overseas Citizens of India (OCI), the Ministry of Home Affairs (MHA) has issued a fresh gazette notification stating that OCI registration will be liable for cancellation if the cardholder is convicted of a serious criminal offence or formally charge sheeted in cases involving grave charges.

 

The notification, issued under clause (da) of Section 7D of the Citizenship Act, 1955, specifies two key grounds for cancellation: If an OCI cardholder is sentenced to imprisonment for a term of two years or more. If the cardholder is 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.

 

The OCI scheme, launched in August 2005, allows 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.

 

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.

IANS

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