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Yaman Arors   16 January 2022

Abduction case

If somebody forcibly admitted  healthy & adult person into hospital without any reason or illness. Can FIR registered against them who are kidnapper?


 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 January 2022

intentionally used force to a person ; and if he has done so without  consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to that person, it is criminal offence undre IPC.

Aryan Raj   17 January 2022

In response to your query,

Adults usually have the right to decide whether to go to the hospital or stay at the hospital. But if they are a danger to themselves or to other people because of their mental state, they can be hospitalized against their will.  Forced hospitalization is used only when no other options are available.

But if the person is perfectly healthy and doesn't need any medical care of such extents then he/she can file an FIR against any person who is responsible for forcing them to be hospitalized. 


Aryan Raj 

Megha   18 January 2022

Dear Aryan,

Could you please elaborate further with regards to the statutory provisions?

Thank you.


Aryan Raj   18 January 2022

Dear Queriest,

The persons who forcibly admitted the healthy person in the hospital will be liable under 352 IPC. Also, if the hospital refuses to release that person even if he is absolutely healthy then a plea of habeas corpus can be filed in the HC under Article 226.


Aryan Raj 

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