A family member goes missing. You go to the police station. They tell you to wait 24 hours, or that the person must be a child for an FIR to be registered, or that adults are not covered. Every one of these excuses is wrong. The Hon'ble Supreme Court has now made it unambiguously clear: an FIR must be registered immediately upon receiving information about any missing person — regardless of age or gender.

What the Court Held

The Court clarified that its earlier directions requiring police to register FIRs upon receiving information about missing persons apply to every person — not just children, not just women, not just specific categories. The word "person" in those directions means exactly that: any person, of any age, of any gender.

States and Union Territories that fail to implement this direction were warned that contempt proceedings could follow.

Why Police Delay Is Dangerous

In cases of human trafficking, abduction, or violence, the first 24–48 hours are the most critical for investigation. Every hour of delay in registering an FIR is an hour lost in tracing the missing person, preserving evidence, and alerting checkpoints. The Supreme Court's repeated emphasis on immediate registration reflects this ground reality.

What You Must Know

There is no waiting period before a missing person FIR can be registered. No police officer has the authority to ask you to wait 24 hours, 48 hours, or any other period before registering the FIR. The moment you give information about a missing person at a police station, the FIR must be registered.

What to Do If Police Refuse

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Demand the FIR in writing. Ask the SHO to give you a written reason for not registering. Most officers will register immediately once asked this.

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Approach the Superintendent of Police directly with a written complaint. Under Section 175(3) BNSS, the SP can direct registration of an FIR.

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File a complaint before the Magistrate under Section 175(3) BNSS — the Magistrate can direct registration of the FIR.

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File a writ petition before the High Court if the police continue to refuse — this brings the matter immediately before a judge who can direct the FIR and inquiry.

Case Reference
G. Ganesh v. State of Tamil Nadu & Ors. | Hon'ble Justice Ahsanuddin Amanullah & Hon'ble Justice R. Mahadevan | August 2026 | Hon'ble Supreme Court of India

Frequently Asked Questions

Questions people commonly search on this topic

Is it mandatory to register an FIR for a missing person in India? +
Yes. The Supreme Court has held that an FIR must be registered immediately upon receiving information about a missing person, regardless of age or gender. There is no waiting period. States that fail to comply face contempt proceedings.
Can police refuse to register FIR for a missing adult in India? +
No. Police cannot refuse to register a missing person FIR on the ground that the missing person is an adult. The Supreme Court's direction applies to every person regardless of age. If police refuse, you can approach the Superintendent of Police, the Magistrate, or the High Court.
What should I do if police won't register a missing person FIR? +
You can: (1) demand a written reason for refusal; (2) approach the Superintendent of Police with a written complaint; (3) file a complaint before the Magistrate under Section 175(3) BNSS; (4) file a writ petition before the High Court. All of these can direct police to register the FIR.
How long should police wait before registering a missing person FIR? +
They should not wait at all. There is no legal basis for a 24-hour or 48-hour waiting period before registering a missing person FIR. The FIR must be registered immediately upon receiving the information.