The Indian government has introduced stringent new rules under which Overseas Citizens of India (OCI) may have their registration cancelled for serious criminal convictions or charges.
This was announced via a gazette notification from the Indian Ministry of Home Affairs (MHA).
Under the updated clause (da) of Section 7D of the Citizenship Act, 1955, an OCI cardholder can now lose their status if they are:
- Sentenced to imprisonment for two years or more, or
- Named in a charge sheet for a crime carrying a sentence of seven years or more
The OCI scheme—established in 2005—grants holders visa-free, lifelong access to India and several residency privileges. It applies to foreign nationals of Indian origin or their spouses who meet specific eligibility criteria, excluding those with past Pakistani or Bangladeshi citizenship.
While the new rules strengthen accountability, the Delhi High Court has stressed that OCI card cancellations must follow fair legal procedures. Under Section 7D, the government must offer a “reasonable opportunity of being heard,” ensuring transparency and adherence to natural justice principles.
In a notable 2023 case, the High Court overturned the cancellation of academic Ashok Swain’s OCI card—citing failures in reason and procedural fairness—and directed the government to issue a clear, detailed reconsideration.
From 2014 to May 2023, at least 102 OCI cards were revoked by the Indian government for reasons ranging from fraud to threats to national sovereignty.
In 2024 alone, the government cancelled 57 OCI registrations, and by mid-2025, another 15 had been revoked.
The government’s updated OCI cancellation parameters underline a zero-tolerance stance toward criminal activity among cardholders. Yet legal experts and judicial rulings emphasise that such actions must be grounded in fairness and transparency.
As OCI holders navigate these changes, the balance between national security and personal rights remains under close scrutiny.
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