Introduction
When a person suddenly goes missing, families often panic and feel helpless. Many people are unsure how to file a missing person complaint, whether FIR is required, and what police are legally bound to do.
This guide explains the legal procedure for missing person complaints in India, police responsibilities, timelines, and your legal rights in a clear and simple manner.
What Is a Missing Person Complaint?
A missing person complaint is a report given to the police when someone cannot be located and their whereabouts are unknown.
It is not necessary that a crime has occurred. However, police must treat such cases with urgency, especially when:
The missing person is a child
The person is a woman
There is suspected danger
Who Can File a Missing Person Complaint?
Family members
Friends or relatives
Employer or landlord
Any concerned person
👉 There is no legal restriction on who can report a missing person.
Where Can You File a Missing Person Complaint?
Nearest police station
Police station of residence
Police station where person was last seen
Online police portal (in some states)
Police cannot refuse to accept the complaint due to jurisdiction.
Is FIR Required for Missing Person Cases?
This is a common confusion.
✅ Legal Position
Initially, police record a Missing Person Report (MPR)
If suspicion of crime arises, it is converted into an FIR
In case of missing children, FIR is mandatory
Supreme Court guidelines require immediate FIR registration for missing minors.
Procedure to File a Missing Person Complaint
Step 1: Go to the Police Station Immediately
There is no waiting period. The myth of waiting 24 hours is false.
Step 2: Provide Complete Details
Name, age, gender
Photograph (latest)
Clothes worn last
Mobile number
Aadhaar/ID (if available)
Last seen location
Step 3: Obtain Acknowledgement
Always ask for:
Daily Diary (DD) entry number
Copy of the complaint
Step 4: FIR (If Required)
Police must register FIR if:
Child is missing
Woman missing under suspicious circumstances
Evidence of abduction or crime
Police Duties in Missing Person Cases
🔹 Immediate Police Responsibilities
Register missing person report
Circulate details to nearby police stations
Upload details on missing persons portals
Contact hospitals, mortuaries, shelters
🔹 Special Duties in Missing Child Cases
FIR registration compulsory
Inform Child Welfare Committee
Use tracking and technical surveillance
Failure to act is considered serious misconduct.
Timeline: How Fast Must Police Act?
| Stage | Legal Expectation |
|---|---|
| Complaint filing | Immediately |
| FIR (if applicable) | Same day |
| Search initiation | Without delay |
| Updates to family | Periodically |
Police delay can attract departmental and legal action.
What If Police Refuse or Delay Action?
✅ Legal Remedies Available
Approach Senior Police Officer (SP/DCP)
File complaint before Judicial Magistrate
Approach High Court (Writ Petition)
Police refusal is a violation of fundamental rights.
Can Missing Person Complaint Be Filed Online?
Yes, in many states:
Delhi Police
State police portals
Missing children portals
⚠️ However, offline follow-up is still necessary.
Important Legal Rights of Families
Right to FIR in applicable cases
Right to information and updates
Right to approach court
Right against police negligence
Why Legal Help Is Important
A lawyer can:
Ensure FIR registration
Push police action legally
File court petitions if required
Protect family rights
Conclusion
A missing person complaint must be taken seriously and immediately. Police are legally bound to act without delay. Knowing the procedure, timeline, and your legal rights can make a critical difference in such sensitive cases.
FAQs
Q1. Is there a 24-hour waiting period to file a missing person complaint?
No. A complaint can be filed immediately.
Q2. Is FIR compulsory for missing persons?
Mandatory for missing children and suspicious cases.
Q3. Can police refuse to register a missing person complaint?
No, refusal is illegal.
Q4. Can I approach court if police do not act?
Yes, through a magistrate or High Court.