Particle.news

Download on the App Store

India Expands OCI Cancellation Grounds to Include Charge-Sheeting

Officials say the measure protects the OCI scheme’s integrity by extending cancellation to pre-conviction charges recognized under Indian law

Overview

  • Under clause (da) of Section 7D of the Citizenship Act, the new notification makes OCI registration subject to cancellation for imprisonment terms of two years or more and for being charge-sheeted in offences punishable by seven years or more.
  • Authorities have confirmed that the cancellation grounds apply regardless of where convictions occur, provided the offences are recognized under Indian statutes.
  • Legal experts warn that using charge-sheeting as a cancellation ground before conviction may undermine due process and open the framework to arbitrary action.
  • The amendment could affect over four million OCI cardholders who hold lifelong multiple-entry visas and enjoy limited economic and residency rights in India.
  • No implementing guidelines or legal challenges have been reported since the notification took effect, leaving its practical enforcement timeline unclear.