India Tightens OCI Card Rules to Strengthen Legal Scrutiny on Overseas Indian Nationals

India's Ministry of Home Affairs (MHA) has introduced stricter rules effective August 2025, targeting the cancellation of Overseas Citizen of India (OCI) cards for holders involved in serious criminal cases. The new regulations empower authorities to revoke OCI registration if the cardholder is convicted and sentenced to imprisonment for two years or more.

Additionally, OCI status can be cancelled if the individual is named in a charge sheet for an offense punishable with imprisonment of seven years or more, even if a conviction has not yet been secured. This shift marks a significant change from previous guidelines that limited such action to within five years of registration—now applicable for the lifetime of the cardholder.

The tightened rules aim to prevent individuals with serious criminal backgrounds from enjoying the privileges offered by OCI status, which include lifelong visa-free travel to India and multiple-entry convenience. The MHA's Gazette Notification clarifies that cancellations can also occur for fraud, security risks, or actions prejudicial to India's interests.

The OCI scheme, launched in August 2005, allows foreign nationals of Indian origin—who were Indian citizens on or after January 26, 1950, or eligible to be so—to access these benefits, excluding citizens from countries like Pakistan and Bangladesh. The recent amendments reflect a move to align OCI privileges with higher standards of legal and ethical conduct globally, applying irrespective of whether offenses happened in India or abroad, provided they are recognized under Indian law.

Legal experts have noted concerns regarding the inclusion of mere charge-sheeting as grounds for cancellation, citing potential due process questions. Nonetheless, the reforms are expected to impact OCI holders involved in serious crimes such as financial fraud and organized crime, signaling India's intent to close loopholes in the legal framework governing OCI status.

These updates were announced officially via a gazette notification from the MHA, underscoring the government's commitment to maintaining the integrity of the OCI scheme while safeguarding national security and public order.