Face Cancellation of OCI Card if Imprisoned for Over 2 Years

The Ministry of Home Affairs has issued a gazette notification stating that Overseas Citizen of India (OCI) card registrations can now be cancelled if the holder is convicted or charged with serious criminal offences. The notification clarifies that OCI status will be revoked if the cardholder is sentenced to imprisonment for two years or more, or if they are named in a charge sheet for an offence carrying a punishment of seven years or more.

 

This provision has been introduced under clause (da) of Section 7D of the Citizenship Act, 1955. The notification states: “In exercise of the powers conferred by the 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.”

 

What is an OCI Card?

The OCI scheme, launched in August 2005, grants Indian-origin foreign nationals visa-free travel to India and multiple-entry benefits. It is available to persons of Indian origin who were citizens of India on or after January 26, 1950, or were eligible for citizenship on that date.

 

However, it excludes those who are or have been citizens of Pakistan, Bangladesh, or any other country notified by the central government.

 

This new regulation tightens the rules governing OCI cardholders, extending cancellation to cases where individuals are formally charged, even before conviction, signalling a stricter approach to serious offences.

 

Currently, there are over 4.5 million registered OCI cardholders worldwide, with the largest contingents residing in the United States (over 1.68 million), the United Kingdom (934,000), Australia (494,000), and Canada (418,000).

 

The 2021 Amendments to OCI Cards

The 2021 gazette notification made significant amendments to the existing rules for OCI holders, whereby they must now obtain permission to visit certain protected areas in India, similar to restrictions faced by foreign nationals in regions like Jammu & Kashmir and Arunachal Pradesh.

 

New conditions also require OCI holders to secure special permits for conducting research, engaging in missionary or journalistic activities, or visiting designated protected zones.

 

 

Notably, the 2021 revisions placed OCI holders on par with foreign nationals under the Foreign Exchange Management Act, 2003, which reversed the previous status that granted them similar rights as Non-Resident Indians (NRIs) in matters of economic, financial, and educational privileges.

 

These adjustments to the OCI regulations are not the first of their kind. The original guidelines established back in 2005 were later replaced by new provisions issued in 2007 and 2009, expanding the rights and benefits available to OCI cardholders while attempting to balance the framework of rights with those offered to NRIs.

 

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