New MHA notification allows cancellation of OCI cards for those convicted or charge-sheeted for serious crimes
India Introduces Stricter Rules for OCI Cardholders
India has tightened regulations for the Overseas Citizen of India (OCI) scheme, which allows Indian-origin foreign nationals to travel visa-free to India.
According to a gazette notification by the Ministry of Home Affairs (MHA), OCI registration will now be subject to cancellation if the holder is:
- Convicted and sentenced to two years or more imprisonment
- Charge-sheeted for an offence punishable with seven years or more imprisonment
What the Notification Says
The order, issued under clause (da) of section 7D of the Citizenship Act, 1955, specifies that the rules apply whether the offence was committed in India or abroad—provided it is recognised under Indian law.
Reason Behind the Move
According to MHA officials, this step strengthens the legal framework around OCI status to ensure cardholders meet higher legal and moral standards.
Key points include:
- Targeting serious crimes such as financial fraud, organised crime, and grave offences
- Ensuring misuse of OCI privileges is curtailed
- Applying uniform rules to offences committed overseas if covered by Indian laws.
Legal Concerns Raised
While conviction was already a ground for cancellation, experts highlight that including “charge-sheeting” before a court’s verdict could raise due process concerns and potential misuse risks.
About the OCI Scheme
- Introduced: August 2005
- Benefits: Visa-free entry, long-term residency, multiple-entry permits
- Eligibility: Indian-origin individuals who were citizens of India on or after January 26, 1950
- Exclusions: Former or current citizens of Pakistan, Bangladesh, and other notified countries
With the latest changes, the Indian government has sent a clear message — Overseas Citizen of India privileges come with strict accountability. The new rules aim to safeguard national interests while ensuring that only law-abiding cardholders enjoy the scheme’s benefits.
