Externment in India: Meaning, Grounds, Order and How Long It Lasts (2026)

Explainer · Criminal Law Terms

Updated for 2026 · Claw Editorial

Externment is a preventive order by a competent authority, such as the police or a magistrate under a state police Act, directing a person to leave and stay out of a specified area for a set period. It is used mostly against habitual offenders, for example under the Bombay Police Act, 1951 (sections 55 to 57). This page explains the grounds, who passes the order, the procedure, how long it lasts, and how it can be challenged. Last verified: October 2026.

01What does externment mean?

Externment is a preventive power. The police do not wait for a conviction. They ask an authority to move a person out of an area because that person is likely to commit crime or cause fear there. The person must leave and stay away for the period fixed in the order.

The best known law is the Bombay Police Act, 1951 (now called the Maharashtra Police Act in Maharashtra). Sections 55, 56 and 57 deal with removal of gangs, persons about to commit offences, and persons convicted of certain offences. Other states have their own versions. Gujarat uses the same Act, and states such as Karnataka and Delhi have similar powers in their Police Acts. Some states also use special laws against habitual offenders. Check the exact section of the state law that applies to your matter.

Because it limits a person’s right to move freely and live where they choose, courts treat externment as a serious step. The Supreme Court upheld the power in Hari Khemu Gawali v. Deputy Commissioner of Police, Bombay (1956), but courts have also repeatedly said it must be used with care and only on real material.

02Grounds for externment

Under section 56 of the Bombay Police Act, the authority can pass an order if either of these is shown:

• Alarm, danger or harm: the person’s movements or acts are causing, or are likely to cause, alarm, danger or harm to people or property.
• Reasonable belief of offences: there are reasonable grounds to believe the person is engaged, or is about to be engaged, in an offence involving force or violence, or certain offences under Chapters XII, XVI or XVII of the Indian Penal Code (coins and stamps, offences affecting the human body, and offences against property).

In addition, there must be a finding that witnesses are not willing to come forward in public to give evidence against the person because of fear for their safety or property. This is a key part of the test.

Section 57 applies to a person who has been convicted of certain offences, such as those in Chapters XII, XVI or XVII of the IPC, and who is likely to repeat them. Section 55 deals with gangs and members of gangs. Note that the older IPC chapter references have been replaced in criminal practice by the Bharatiya Nyaya Sanhita, 2023, so check how the state Act has been updated.

Courts have held that a mere pending case or an offence still under investigation, without more, is a weak basis. The order must rest on specific, recent material and not on vague suspicion.

03Who passes an externment order

In Mumbai the power sits with the Commissioner of Police. In other areas it sits with the District Magistrate or a Sub-Divisional Magistrate, depending on the state law. In practice, the local police prepare a proposal with the history of cases and statements, and the authority decides.

The authority must apply its own mind. An order that only repeats the police proposal, or that is passed by someone who has no power under the Act, can be set aside.

04The procedure: notice and hearing

Section 59 of the Bombay Police Act is the safeguard. Before an order under sections 55, 56, 57 or 57-A, the person must be informed in writing of the general nature of the material allegations against them. They must then be given a reasonable chance to explain.

• The person can ask to examine witnesses on their side.
• The person can appear through an advocate.
• The authority must record reasons in the final order.

The Bombay High Court has described section 59 as the heart of externment proceedings and has quashed orders passed without a proper hearing. Skipping the notice or hearing is one of the most common reasons these orders fail.

05How long does externment last

Under the Bombay Police Act, the order can be for a period not exceeding two years. The authority can also limit the area. The order can name one district or several, and it may direct the person to stay in another place or report to the police.

The period starts from the date fixed in the order. If the person breaks the order by entering the area without permission, they can be prosecuted for the offence under the Act. Some state laws allow a short, permitted entry for court dates or family events, if the authority grants permission in writing.

06How an externment order can be challenged

There are two main routes. Both are time sensitive, and both are matters an advocate tracks by hearing date.

1. Appeal to the State Government

The Bombay Police Act allows an appeal to the State Government within 30 days of the order. Because the time limit is short, act quickly. The appeal is usually decided by the Home Department.

2. Writ petition in the High Court

A person can also file a writ petition under Article 226 of the Constitution. Common grounds include: no notice or hearing under section 59, no reasons recorded, reliance on stale or unproven allegations, no finding that witnesses are afraid to depose, an order wider than needed, or an order passed by the wrong authority. Interim stay of the order is often sought along with the petition. For what a stay is, see what an interim order means.

If the person has pending criminal cases, protection from arrest is a separate question. See anticipatory bail in India.

07A worked example

This is an illustration, not a real case.

A man in a Maharashtra city has four criminal cases for assault and extortion. Local shopkeepers say he threatens them, but none will give a statement in the open. The police send a proposal to the Deputy Commissioner. A notice is served on him with the main allegations, and he appears with his advocate and replies. The authority passes an order under section 56 externing him from the city and two nearby districts for one year.

His advocate appeals to the State Government within 30 days and also files a writ petition, pointing out that the cases are old and that two are still under investigation. The High Court may stay the order, send it back for fresh decision, or quash it if the hearing or the material was defective. If the order is upheld, he must leave the area for the stated period.

An externment order is only as strong as its notice, its material and its reasons.

08Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

For externment matters, Claw can track externment-related writ petitions and criminal matters across courts, so an advocate sees the next hearing date, the order passed and any stay in one place. See also our guide to case management software for criminal lawyers.

09Sources and further reading

• Bombay Police Act, 1951 on India Code
• Judgments of the Supreme Court: sci.gov.in
• Claw: clawlaw.in

This page is general information, not legal advice. State laws differ, so read the Act that applies to your area.

10Frequently asked questions