Abstract
This paper examines the function and legal application of the “No Objection Certificate in criminal cases. A no-objection certificate is a clearance or green light issued by judicial or governmental authorities that facilitates international travel, employment changes, and visa applications for individuals who are currently subject to ongoing criminal investigation, trial or have any pending case.
This blog describes the true meaning of a NOC, when it is helpful, when it is ineffective, and how it can assist with bail, settlement, or quashing procedures. It draws attention to the dangers of depending only on an NOC and offers clients helpful advice so they can navigate criminal cases with knowledge.
Introduction
A “No Objection Certificate is a written statement/ document where a person declares they have “no objection” to a particular action, such as closing the complaint, granting bail, or settling the dispute.”
A No Objection Certificate demonstrates the individual’s bona fide intention to cooperate with the investigation and offers reasonable assurance of non-absconding. It functions as a mechanism to equilibrate the demands of criminal investigation with the individual’s right to unrestricted movement, while protecting the State’s interest in ensuring the accused’s attendance in court proceedings.
What Is an NOC and What Does It Legally Mean?
A no-objection certificate is a legal document that the police department or the court itself issues to grant permission to an individual, stating that there is no ongoing criminal case or that they have no objections to an individual’s proposed action. It is easy to obtain NOC for an individual who has no criminal record, but it’s tricky, but not impossible, to obtain a certificate for an individual whose criminal case/ investigation is ongoing.
An NOC is neither a judicial order nor a binding directive; it merely reflects the court’s permission aimed at safeguarding an individual’s freedom of movement, ensuring that the pendency of a case does not, by itself, curtail their fundamental right to mobility.
Who Needs an NOC and Who Issues It?
Most commonly, it is the accused person who requires NOC from the complainant or concerned party to show there is no objection to a particular action (e.g., bail, settlement, travel). Complainant can also seek an NOC when he no longer wishes to pursue a private dispute, when he has agreed on a settlement, or when he has no problem with bail or closure of the case. In specific situations, third parties like an employer, Institution, family member or partner can seek NOC respectively for: employment verification, property/ business related disputes and shared assets or for custody related issues. It is important to note here that the Police/courts do not apply for NOCs. NOC is usually requested by the accused and issued by the complainant or affected party.
Can an NOC Close the Case, Cancel the FIR, or Stop the Investigation/Trial?
- If an NOC is issued by the complainant or affected party, it does not mean that FIR has been withdrawn, nor will it stop the investigation or trial from coming to an end. It is the court and the Police who will decide. Usually, in minor or settlement-based disputes Police may consider an NOC because the complainant has “no objection.” But in criminal cases, which are serious in nature and against the state in such cases, criminal cases are driven by the state, not the complainant.
The NOC is not considered proof in court, but rather a supporting document. The court has the authority to decide whether to grant closure, compounding, bail, or quashing. the case, after examination and hearing of all the facts, evidence, and the nature of the offence. In short, the NOC can assist but cannot override police procedure or the court’s authority.
In the recent case, Abdul Hamid v. Union of India (J&K & Ladakh High Court, 2025 which was related to the renewal passport during a pending case, the court clearly held that “a No Objection Certificate does NOT end or cancel the criminal case. Even though the petitioner wanted renewal of his passport, the Court made it clear that:
- The criminal proceedings continue despite issuing or seeking an NOC.
- An NOC only allows a specific permission (here, renewal/travel), not closure of the FIR or investigation.
- Only the criminal court can grant such permission, not the police or passport office.
The Court reaffirmed that personal movement can be allowed during a pending case, but the case itself remains active until decided by law.
In the case of Narinder Singh v. State of Punjab (2014), “This case elaborated on the
guidelines for offences under Section 307 IPC (attempt to murder). It stressed that the court should conduct a prima facie assessment of the evidence and gravity of injuries, but ultimately, the court’s judicial discretion and satisfaction with the compromise supersede a mandatory NOC requirement.”
Hence, “NOC = Permission, Not Acquittal or Case Closure.”
When Is an NOC Actually Useful? (Bail, Settlement, Quashing)
- Bail Proceedings (Anticipatory or Regular Bail) – An NOC helps to show cooperation,no flight risk, which ultimately strengthens your bail request. NOC does not guarantee bail; it will strengthen your stand and help in acquiring the court’s confidence.
- Settlement in Minor Disputes – NOC shows that the complainant has no further
grievance and helps to consider settlement. - Seeking Permission to Travel out of the jurisdiction of the court.
- Quashing of FIR/Proceedings Before the High Court- In settlement-based quashing petitions under Section 482 CrPC, an NOC can act as written proof of compromise or no objection. It will also strengthen the argument that continuing proceedings serves no purpose. However, it is upon the discretion of the court whether it will quash the FIR or not.
The Supreme Court in Gian Singh v. State of Punjab (2012) [(2012) 10 SCC 303]
held that “a High Court can use its inherent powers under Section 482 of the Criminal Procedure Code (CrPC) to quash criminal proceedings involving non-compoundable offenses if an amicable settlement has been reached, even without a formal No Objection Certificate (NOC) from the police. This is applicable when the case is primarily civil in nature and not a serious crime against society.”
Conclusion
No objection certificate is a supplementary tool to protect your freedom of movement during the pendency of a criminal proceeding, and for the purpose of settling any dispute or quashing of an FIR, it plays a crucial role. However, it will not be helpful in matters related to Serious bodily offences, Sexual offences, and Crimes against minors, public property or corruption matters. Ultimately, the journey from investigation to trial demonstrates that an NOC can aid the process, but it cannot replace it. The court is the final decision maker; for the court NOC is just a corroborative document and is also not a substitute for testimony. Cross examination of NOC can be done to prevent coercion, etc. The courts in India are treating NOCs cautiously to prevent injustice, and courts have the inherent power to quash an FIR or to consider any matter for settlement without any NOC.
