To report a missing person, go to the police station for the area where the person was last seen, as soon as you are worried, and give a written report with a recent photograph, a description and the details of when and where they were last seen. There is no 24-hour waiting rule in Indian law. If the missing person is a child, or if anything suggests they were taken or harmed, ask for an FIR; for a missing child, the Supreme Court has said an FIR should always be registered.
Missing person report or FIR?
When an adult goes missing and nothing points to a crime, the police usually record a missing person report (often an entry in the station's general diary) and start tracing. That report is enough to circulate the person's details, check hospitals and records, and ask for phone location data.
An FIR is needed when the facts disclose a cognizable offence: for example, someone was seen forcing the person into a vehicle, there were threats, or the person is a minor. Kidnapping and abduction are defined in sections 137 and 138 of the Bharatiya Nyaya Sanhita. Section 173 of the Bharatiya Nagarik Suraksha Sanhita requires the police to record such information, whichever area the offence happened in.
For children, the position is firmer. In Bachpan Bachao Andolan v. Union of India (2013), the Supreme Court directed that every complaint of a missing child be registered as an FIR and investigated as possible kidnapping or trafficking. Do not accept a diary entry alone for a missing child.
What to take to the police station
Gather as much of this as you can before you go, or send it on soon after:
- Recent photographs, ideally one face-on and one full-length, and digital copies.
- A description: height, build, complexion, hair, marks or scars, spectacles, and the clothes and footwear they were last wearing.
- Last seen: the exact place, date and time, and who saw them.
- Phone details: their mobile numbers, the phone's make and, if you have it, the IMEI number (our guide on blocking a lost phone on CEIR explains where to find it).
- Contacts: friends, colleagues, places they visit, recent disputes or worries.
- Health: any illness, medicines they need, or mental-health conditions.
- Identity documents: a copy of an Aadhaar card, school ID or similar.
Write it all into a short signed report, keep a copy, and ask for an acknowledgement or the FIR number. You are entitled to a free copy of an FIR; see how to get an FIR copy online.
If the station will not take the report
A station cannot refuse information about a cognizable offence because it happened somewhere else. Section 173 of the BNSS applies "irrespective of the area", and many states let you file the complaint online as well; see filing a zero FIR or an e-FIR. If the station refuses an FIR, the ladder in what to do when police won't register an FIR applies: write to the Superintendent of Police by post, and then apply to the Magistrate.
What you can do in the first days
The police will lead the search, but families often find the first clues. Useful steps:
- Phones and accounts. Note the last time the person was online on messaging apps, and give the investigating officer any logins or shared accounts you know about. Phone location records are obtained by the police from operators; you cannot get them yourself.
- CCTV. Shops, housing societies and transport hubs overwrite footage within days. Tell the officer where cameras are and ask that the footage be secured quickly.
- Hospitals and shelters. Call nearby hospitals and night shelters with the person's description. The police also check records of unidentified persons and unidentified bodies.
- Transport. Bus stands and railway stations are common first stops, especially for children and teenagers. The railway police can circulate a photo.
- Child helplines. For a missing child, also call the child helpline 1098 or the emergency number 112.
When a missing person has a mental illness
A person with a mental illness who goes missing may not be able to ask for help. Under the Mental Healthcare Act, 2017, the police must take a person they find wandering who appears to have a mental illness and cannot look after themselves to a public health establishment for assessment. Tell the police about any diagnosis and the hospital that treats the person, so that a match is spotted quickly.
If the person is found
If a child is found, the police and the Child Welfare Committee may first confirm the child's identity and safety before handing them back. If an adult is found and says they left on their own, the police normally record that statement and close the search. An adult has the right to live where they choose, and the police cannot force them home, though they may tell you the person is safe.
If nothing is happening
Keep a short diary of every visit and call to the police, with dates and names. If the investigation stalls, write to the Superintendent of Police or the Deputy Commissioner of Police with your report and that diary, by registered post. If you believe the person is being held against their will by someone, a lawyer can file a habeas corpus petition in the High Court under Article 226 of the Constitution, asking the court to order that the person be produced. High Courts also hear petitions asking for the investigation to be monitored where the police have been inactive.
If a police officer has behaved badly, for instance by demanding money to search, see how to complain against a police officer.
Mistakes to avoid
- Waiting overnight. Evidence fades fast.
- Holding back awkward facts. A quarrel at home, a relationship, debts: the police need them to search in the right place.
- Paying anyone for "information". Hand any such call to the police.
- Losing track of the paperwork. Keep the report number, the officer's name and phone number, and copies of everything you give.
