Ban on entry of OCI cardholders convicted of sexual offences upheld

The Delhi High Court, in a significant ruling, has stated that if the Central Government receives information that an Overseas Citizen of India (OCI) cardholder has been convicted of child sexual abuse abroad, the government possesses the authority to bar that individual from entering India. In a judgment delivered in November, a bench comprising Justice Amit Mahajan clarified that when respondents are informed that an individual is involved in such crimes abroad, the government has the right to prevent that person from setting foot on Indian soil.

The case was linked to a person of Indian origin who held a foreign passport and an OCI card. On 7 January, 2026, when he arrived at Indira Gandhi International Airport in New Delhi, he was ordered to be denied entry into India and directed to return via the first available flight.

His counsel argued in court that the order denying entry was baseless and that specific reasons or grounds for the denial had not been disclosed. According to the lawyer, the individual was merely identified as a registered child sex offender, whereas his OCI registration had not yet been cancelled or suspended. The lawyer further stated that proceedings against this individual had commenced in the USA in 2019, which concluded in October 2022 with a 'no-contest plea'. Subsequently, he was granted probation without imprisonment. The lawyer also argued that no child or minor was involved in these proceedings and that foreign authorities had permitted him to travel to India on 15 December, 2025.

The Central Government's counsel, Amit Tiwari, argued that the individual had been blacklisted from entering India due to being a registered child sex offender in the USA. Citing an office memorandum from March 2023, he stated that permission has been granted to blacklist individuals convicted in child-related crimes. He further added that the decision to blacklist an individual falls under the sovereign right of the State, and no foreign citizen can claim a right to enter or reside in India.

In a four-page order, the Court dismissed the application, stating that granting or denying entry into the country is a sovereign function of the State, linked to national security, foreign policy, and administrative discretion. The Court also noted that the documents forming the basis for blacklisting are confidential and classified in nature, and therefore cannot be made public in the interest of national security and integrity.

OCI, or Overseas Citizen of India, was a type of card for people of Indian origin residing outside India, which facilitated their travel to India.