Can they arrest my parents?

If the FIR has already been registered then legally they cannot arrest your parents as the said FIR has not been registered against them and there is no charge against them in the said FIR.

Ask your parents not to fall in the trap of the Police officials if they are called to the police station for investigation. The police cant enter your house to search for you without a search warrant, nor can they arrest you from your house without an arrest warrant.

Legally NO. However, atrocities and illegalities are the part of police profession for motivated reasons. They can do any thing in which they are interested in. Law says that in a cognizable offence the police can enter any house for search of the accused and/or stolen property. So search warrant is not essential(read section 165+166 CrPC 1973). However, if the offence is carrying a sentence of less than 7 years then according to the ammended CrPC 2009 the police will have to issue a notice to the accused even under section 41A even if the accused is an FIR named person.But it does not seize powerof police to arrest after recording the reason in writing. Your parents should not go to the police station on cal on mobile or through person until the police issues a written notice to them under section 160CrPC bearing the reference of the case  to appear before them for the purpose of investigation. But even if they get such a notice they should send a written request letter to the SHO or the I.O asking them to let them know in writing that with wich documents they should come prepared to co-operate the police in investgation. Such letter generally breaks the morale of the mischievous police officers. Such letter may also be sent to the SP requesting him to direct the concerned SHO/I.O to let them know and the S.P also comes to know of the fact. I hope this will be enough to discourage them from doing any illegality against your parents. It is a tested process by me and I have got the desired result. adil/kolkata

Ad Adil is right. 

No they can not arrest anyone else but the accused in the FIR only.

The Police should not arrest your prents merely becuse the persons named in the F.I.R. are not found. If they arrest them, you should  invoke the jurisdiction of High court under Section 482 of Cr.P.C. and Article 226 of the constitution of India. 

https://www.jeevaganadvocate.com/contact.php

Your parents cannot be arrested in this case  as their name donot appear in the  FIR.

Hi Karan,

Dont worry at all. Police can not arrest the parents if they are not on FIR. 

Shalini

It seems she intenionaly left your parents to show that some people are good in family.

In my view:

Matromononila CRPC,IPC etc all are minor cases if girl is alive.

If girl is dead then only 498a works fine.

Such query always reminds me of the memorable words of  former chief Justice Supreme Copurt of India; MN VENKATACHALLIAH, in the case of Joginder Kumar vs State of UP-1994: No arrest can be made because it is lawful for the Police Officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quiet another.

The Police oficer must be ab le to justify the arrest apart from his power to do so. Arrest and detention in police lock up of a person can cause incalculable harm to the reputation and self esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person.

Yes Sir (Mr.Assumi), you are hundred percent right. Joginder kumar judgement is a milestone and eye opener for the citizens of India as well as the police personnel. Nothing can be more final than the rulings of Apex Court. I suggest  that every visitor of this web site should read the judgement and must know about his unfounded apprehension of arrest.