If the Ministry of Home Affairs is correct, an OCI (Overseas Citizen of India) status could be revoked following a conviction in a case.

If the Ministry of Home Affairs is correct, an OCI (Overseas Citizen of India) status could be revoked following a conviction in a case.

The Ministry of Home Affairs (MHA) has issued a notification on August 11, 2025, aiming to strengthen the Overseas Citizen of India (OCI) scheme and ensure that its holders are accountable to the law of the land.

The Election Commission of India (ECI) has shown eagerness to correct 'mistakes' in the Bihar draft roll, as mentioned in a recent Supreme Court note. Meanwhile, letters to the Editor were dated August 12, 2025.

The OCI scheme, introduced in August 2005, provides for the registration of persons of Indian origin as OCIs, provided they were citizens of India on January 26, 1950, or thereafter, or were eligible to become citizens of India on that date, except those who are or have been a citizen of Pakistan, Bangladesh, or such other country as the central government may specify.

However, the specific conditions for the cancellation of the OCI card have been formulated to maintain the integrity of the scheme and align with India's efforts to safeguard national security and public order.

1. Imprisonment for Two Years or More: An OCI registration can be cancelled if the cardholder is sentenced to imprisonment for a term of not less than two years. This applies to convictions obtained anywhere, provided the offence is recognized under Indian law.
2. Charge-Sheeted for Serious Offenses: The OCI card can also be cancelled if the holder is charge-sheeted for an offence that carries a punishment of seven years or more. This provision applies regardless of whether the trial is concluded.

These conditions have been implemented to ensure that OCI card holders abide by the law and maintain the integrity of the scheme.

The MHA has taken steps to more closely regulate the OCI scheme due to instances where holders were found involved in criminal or anti-national activities. It is important to note that OCIs do not enjoy political rights for voting or holding constitutional posts.

The OCI card allows Indian-origin foreign nationals to visit India without a visa. However, the government maintains that the OCI facility is a privilege, not an entitlement, and may be withdrawn if the holder is found violating Indian laws.

The notification for cancelling OCI registration is made under the provisions of the Citizenship Act, 1955, and the Citizenship Rules, 2009. The provision applies irrespective of whether the conviction occurred in India or abroad, provided the offence is recognized under Indian law.

The publication date of this article is August 13, 2025.

[1] [Link to source 1] [2] [Link to source 2] [3] [Link to source 3] [4] [Link to source 4]

1. The business of politics and policy-and-legislation sets the conditions for the cancellation of an OCI card, which can occur if the cardholder is sentenced to imprisonment for a term of not less than two years or is charge-sheeted for an offence that carries a punishment of seven years or more.
2. The cancellation of OCI cards is a reflection of the Ministry of Home Affairs' (MHA) commitment to safeguard national security and public order, as seen in the August 11, 2025, notification.
3. Despite enjoying the privilege of visiting India without a visa, OCI cardholders must adhere to general-news policies and comply with Indian laws, as they are not entitled to political rights such as voting or holding constitutional posts.

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