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(Querist) 10 November 2010 This query is : Resolved 
Sir, whether FIR to police is must for decalring any one's death according to 108 Evidence Act.

One army man was missing since 1980. His wife got the information through a letter from army that her husband is missing from Silong on 8 February 1980 and instutcted her to inform to army if he is at home, otherwise he would be decalerd dester. Wife didn't lodge FIR and could not find his where about. In 2010 she applied for decalration of his death. After recording ample oral evidence court dismissed the suit due to lack of FIR . Whether information from Army is not sufficient ?

Please guide and refer any citation in this regard
s.subramanian (Expert) 10 November 2010
FIR is a substantial piece of evidence in such cases. The court before declaring the civil death of a person has to satisfy itself that a government agency like police is informed about the matter and due and diligent search has been made by such an agency into the matter. there is nothing wrong in such a procedure. it is just to ensure that false declarations are averted.
Arvind Singh Chauhan (Querist) 10 November 2010
Thanks Sir I am satisfied.
Ravindra Nath Tripathi (Expert) 11 November 2010
It was equally, duty of army to lodge FIR. A person declared deserter, when he is deserted from the Army Service, is more than a FIR in legal terms. Once a person is declared deserter, this information is sent to the local police station of the residence of the person, this information is passed on to number of organisations, which are responsible for searching a person. Now, what is need of FIR. What is FIR is well known to all of us.
J K Agrawal (Expert) 11 November 2010
Dear Sir
Respectfully I am differ
FIR is not necessary at all because no offence is committed any where.

FIR may be one type of evidence but not a sign qua non for the relief.

Court is to satisfied that he was not heared since last 7 yrars. If it is proved by any way, the court should grant certificate.

5 or 6 year back there was a rulling of the Supreme Court exact on this point.
Arvind Singh Chauhan (Querist) 12 November 2010
Thanks Agrwal Sir and Soni Sir. Agrwal Sir! please refer the citation please. I am in urgent need.

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