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Rajeev Kumar (Accounts Officer)     03 July 2012

Fir registered u/s 363 ipc


Hi All,


My sis in law left the home with one of her friend (boy) and she didnt tell to anyone, we had searched her at our relatives and her friends home but she was nowhere, so we finally lodged the FIR at police station.


They had registered the case u/s 363 IPC.  4 days after the complaint,  she came back to home.

Now we want to takce back our complaint and same we have updated to IO at Police station but he told to us that 1st she has to come to police station and give the statement and afterthat go to court and give the statement in the front of of Magistrate and will have a medical test too.

My in-laws would not be involved in these complications.

So, could you please tell me what is the exact and right procedure to sort out this problem?  Is medical test  mandatory in that case?  Is there any way to not going to court and settled the things at poice station?

Best Regards,


 7 Replies

Shrikant VD (ADVOCATE)     03 July 2012

Section 363 is for kidnapping, whr she was for 4 days ? 

Shrikant VD (ADVOCATE)     03 July 2012

Section 363 is for kidnapping, whr she was for 4 days ? 

Rajeev Kumar (Accounts Officer)     03 July 2012

she didnt tell anything that where she was  living and with whome in past days, and we can guess she was with her friend but she didnt tell any word to us.

And if I am not wrong section 363 is using for missing person as well (may be I am wrong becoz I have not enough knowledge about laws). 

Shrikant VD (ADVOCATE)     03 July 2012

ask her whr she was, otherwise ask her to come in police station and give statement to them.

363 is for Kidnapping.   

jitendra yadav (ADVOCATE)     03 July 2012

try to get detailed information about whole incident unless it will create further problems ahead and to whom she was accomapnied they will also have to face legal consequences because FIR has already been registered under section 363 of i.p.c which is for kidnapping.

and against whom the FIR is registered they can go for anticipatory bail and thereafter for quashing of FIR in HIGH COURT

Rajeev Kumar (Accounts Officer)     03 July 2012

My in-laws not filed the FIR against anyone, they just registered a complaint that their daughter went to coaching center and not back to home after the class or missing from that place.

Pls advise........

Adv Jaydeep A Tanna (Advocate)     15 January 2014


1) It is clear that a minor child was missing from lawful guardian.

2) Therefore lawful guardian had file FIR of missing child in police station.u/s - 363 of IPC

3) Police scan the missing child photo and updated with Crime branch, anti human traffic, immoral traffic, they do searching work.

4) FIR is filed mean police has to provide the report of FIR to the court..

5) If child is return back to home than such legal guardian has to report to police station.

6) Police will identified child & make medical report which police to report to court.

7) Police investigated child in whose custody , how child return home.

8) Police authority have perform their by itself filing FIR which is their discretion power to registered FIR.

9) But being a complaint you have to inform police station, which is by police authority.



Jaydeep Arvind Tanna.


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