One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: Police cannot refuse a missing person report simply because the missing adult left voluntarily. You must file a written complaint, get an acknowledgment, and if they still refuse, escalate to the Superintendent of Police or file a private complaint before a Magistrate under Section 175(3) BNSS, 2023. A judicial order can then compel the police to investigate.
Priya, a young mother from a quiet neighbourhood in Nagpur, found herself in a nightmare. Her husband, Rohan, had vanished — not alone. He had eloped with his former fiancée, leaving behind Priya and their infant daughter, barely two years old. For months, Rohan had been secretly involved with this woman, a fact that came to light only after he disappeared on the morning of 12 April 2025.
Priya's family rushed to the local police station in Gandhibagh. They pleaded for a missing person report. The police brushed them off. "He's an adult. He went willingly. This is a family matter, not a crime," the duty officer said. They called the women's helpline 112 repeatedly — no help. Priya was falling apart, barely eating, consumed by anxiety and despair.
That's when her brother approached the Chamber of Advocate Sudhir Rao. After hearing the facts, Advocate Sudhir Rao and his office immediately sent a detailed written complaint to the Station House Officer by registered post. When that yielded no response, they invoked the proper procedure under the new criminal laws. A private complaint was filed before the Chief Judicial Magistrate, Nagpur, under Section 175(3) of the BNSS, 2023. The Magistrate directed the police to register the missing person report and initiate an investigation. Within a week, the police began tracking Rohan's phone records. The specialised handling of procedural law by the Chamber of Advocate Sudhir Rao — specifically the timely use of the judicial remedy under BNSS — secured the order that the family's earlier unguided efforts could not.
Key Facts of the Case
- Priya's husband, Rohan, voluntarily left their matrimonial home in Nagpur on 12 April 2025.
- He eloped with his former fiancée — she was known to the family from an engagement seven years ago.
- The couple had a 1.5-year-old daughter left behind with the mother.
- Police at Gandhibagh station refused to register a missing person report, calling it a "voluntary elopement."
- Under Section 175(3) BNSS, 2023, a Magistrate can order police to register an FIR when the police refuse to act.
- The offence of "abandonment of wife" can be covered under Section 204(1) BNS, 2023 (desertion/abandonment of wife with no means of subsistence).
- The mother's mental health was deteriorating — the case required urgent intervention, which the Magistrate noted.
The Direct Legal Answer
The first question is straightforward: Can police refuse to file a missing person report just because the husband left voluntarily? The answer is no — not entirely. Police have a duty to record all missing person complaints, regardless of whether the person left willingly or not. A missing person report is an administrative record that can trigger a search. It is not an FIR accusing a crime — it is simply a request to trace the person.
But here's the thing: many police stations treat adult voluntary disappearances as non-priority. They don't want to waste resources tracking a man who walked out on his own. That's unprofessional, but it happens daily across India.
So what do you do when they refuse? File a written complaint — physically or by registered post. Keep a copy. Get an acknowledgment (stamped or postal receipt). If they still refuse within 2-3 days, approach the Superintendent of Police with a copy of your written complaint. If the SP also fails to act, file a private complaint before a Magistrate under Section 175(3) BNSS. The Magistrate can then order the police to register the missing person report or an FIR, depending on the facts.
The second issue is maintenance. The abandoned wife can file a petition under the Bharatiya Nagarik Suraksha Sanhita (BNSS) or the Domestic Violence Act for maintenance — but that's a separate proceeding.
Advice in Such Cases
First, do not let the police deter you with their dismissive attitude. You have legal rights, and they are enforceable.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Second, do not rely on phone calls to helplines. Written communication is critical. Send a properly drafted complaint by registered post to the SHO and SP. Keep all proof of delivery. This creates a paper trail that becomes vital if you later go to court.
Third, understand that this type of case — missing persons with a matrimonial dimension — requires a lawyer who regularly handles criminal procedure and writ remedies. General practitioners may not know the precise procedural steps under BNSS to compel police action. Domain expertise matters.
Applicable Sections of Law
- Section 175(3) BNSS, 2023: Power of Magistrate to direct police to register FIR and investigate when police refuse to act on a complaint.
- Section 204(1) BNS, 2023: Abandonment of wife or child by a person with a legal duty to maintain — applies if the husband left without provision and the wife is unable to maintain herself.
- Section 173(4) BNSS, 2023: Procedure when a complaint is made to the Superintendent of Police regarding refusal to register an FIR.
- Section 528 BNSS, 2023: High Court's inherent powers to quash proceedings or issue directions — relevant if the case requires extraordinary intervention.
Punishment and Penalties
If Section 204(1) BNS is invoked for abandonment of wife, the punishment is up to three months' simple imprisonment, or fine of up to five thousand rupees, or both. This is a bailable offence and is compoundable — meaning the parties can settle it out of court. However, a missing person report itself is not a criminal charge; it is an administrative measure. The punishment does not apply to the report but only to the substantive offence under BNS, if proved after investigation.
Jurisdiction — Where to File the Case
For the missing person report, the jurisdiction is the police station in whose territorial limits the husband last resided — in this case, Gandhibagh police station, Nagpur. If you approach the Magistrate under Section 175(3) BNSS, the jurisdiction lies with the Chief Judicial Magistrate of that district. For maintenance proceedings, the wife can file in the court within whose jurisdiction she resides — that is a beneficial provision. Territorial jurisdiction matters because filing in the wrong court results in rejection of the plaint. Always confirm with a local advocate before filing.
What if Police Refuse to File FIR?
The law is clear: police cannot simply refuse. Here's what to do step by step:
- Written complaint to SHO: Draft a clear, factual complaint. Submit it physically or by registered post. Keep an acknowledgment copy.
- Approach SP: If the SHO does not act within 2-3 days, send a complaint to the Superintendent of Police under Section 173(4) BNSS. Attach the earlier complaint copy.
- Private complaint before Magistrate: If both fail, file a complaint before the Magistrate under Section 175(3) BNSS. The Magistrate can order the police to register an FIR and investigate.
- Writ petition to High Court: As a last resort, file a writ of mandamus before the concerned High Court to compel police to perform their duty.
Rights of the Accused
If the police eventually register an FIR against the husband, he has the following fundamental and statutory rights:
- Right to remain silent: Article 20(3) of the Constitution — no person accused of an offence shall be compelled to be a witness against themselves.
- Right to legal representation: Article 22(1) — a person arrested has the right to consult and be defended by a lawyer of their choice.
- Right to be produced before Magistrate within 24 hours: Article 22(2) — every person arrested must be produced before the nearest Magistrate within 24 hours (excluding travel time).
- Right to know grounds of arrest: Article 22(1) — the accused must be informed of the grounds of arrest at the time of arrest.
- Right to copy of FIR: The accused is entitled to a copy of the FIR free of cost under BNSS provisions.
Bail Provisions
Section 204(1) BNS (abandonment of wife) is a bailable offence. This means the accused has a right to be released on bail upon furnishing a bond. No lengthy procedure is required. If the police arrest the husband, he can apply for bail before the Magistrate or the court where the case is pending. Anticipatory bail under Section 482 BNSS is available if the husband wants to avoid arrest in the first instance. Bail strategy often involves showing willingness to maintain the wife and child, which may persuade the court to grant regular bail with conditions.
Quashing of FIR / Case
If the husband believes the FIR is frivolous or an abuse of process, he can approach the High Court under Section 528 BNSS to quash the proceedings. Grounds for quashing include: no prima facie offence made out, the dispute is purely civil in nature, or the parties have settled the matter amicably. However, in cases of genuine abandonment of a wife with a young child, courts are unlikely to quash lightly. Quashing is a viable strategy only when the complaint is patently false or malicious.
If You Are the Victim
- Do not delay: Every day you wait, evidence (phone records, location data, witness accounts) becomes harder to obtain.
- Keep the child safe: Ensure the child's custody and basic needs are met. File for interim maintenance immediately.
- Document everything: Save screenshots, messages, call logs, and any proof of the husband's relationship with the other woman.
- Get a written complaint on record: Even if the police refuse, ensure your complaint is acknowledged in writing.
- Seek mental health support: The emotional toll is real. Do not try to handle it alone — reach out to family, friends, or a counsellor.
Documents You Must Keep Ready
- Aadhaar card / Voter ID of the missing person and the complainant
- Marriage certificate (or proof of marriage)
- Child's birth certificate (to prove dependency)
- Proof of the husband's last known address (electricity bill, rental agreement)
- Photographs of the missing person (recent, clear)
- Any messages or call logs showing the husband's relationship with the other woman
- Written complaint copy with postal or acknowledgement receipt
- Medical records of the wife's deteriorating mental health (if applicable)
What Evidence Is Required?
- Primary evidence: Statements of the wife and other eyewitnesses (neighbours, family members).
- Documentary evidence: Wedding photos, messages, call detail records (CDRs) from the telecom provider.
- Electronic evidence: WhatsApp chats, social media posts, email correspondence — admissible under the Bharatiya Sakshya Adhiniyam, 2023, with proper certificate under Section 65B.
- Proof of abandonment: Evidence that the husband left without informing anyone, took personal belongings, and has not been in contact.
- Proof of relationship with the other woman: Testimony of witnesses who saw them together, photos, or call records.
- Child's dependency: Evidence that the mother has been solely responsible for the child since the husband's disappearance.
How the Police Behave in Such Cases
In most police stations across India, adult missing person cases — especially when the adult left voluntarily — are given very low priority. Officers often believe it is a "domestic matter" and not a crime. They will tell you to "wait for a few days." The truth is, they are not wrong about the lack of criminality in a simple voluntary departure. But the woman's right to know her husband's whereabouts and to seek maintenance still entitles her to a missing person report. Expect pushback. Be prepared with the written complaint and a clear understanding of your legal remedies. Stay polite but persistent.
Timeline of Legal Process
- Day 1: Visit police station — file written complaint. If refused, send by registered post and get acknowledgment.
- Day 2-3: Approach SP with complaint copy and proof of earlier refusal.
- Day 7-10: If SP fails, file private complaint before CJM under Section 175(3) BNSS.
- Week 2-3: Magistrate hears the complaint. If satisfied, passes order directing police to register FIR/missing person report.
- Week 3-4: Police register the report and begin investigation — call records, CCTV, witness statements.
- 1-2 months: Investigation report filed. If offence made out, chargesheet filed; if not, closure report.
- 3-6 months: Trial if challenged — though in practice, such cases often settle or result in conviction for maintenance default.
How Long Will the Investigation Take?
Once the police are ordered to investigate, they must file a report (chargesheet or closure) within 90 days for minor offences. In practice, investigation in missing person cases often takes 2-4 weeks for basic tracking (phone calls, known associates). If the husband has simply relocated and is not hiding, the matter may resolve quickly.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes — in many such cases, the husband returns or establishes contact after the police investigation begins. Once he is located, the parties can negotiate. The wife may choose to file for maintenance rather than pursue criminal abandonment charges. The offence under Section 204(1) BNS is compoundable — meaning the parties can settle it with the court's permission. Lok Adalat is also an option for pre-litigation or pending matters. Settlement is often emotionally and practically better for the child, but it should be approached only after the wife has full knowledge of her rights and with a clear agreement on child support and custody.
Common Mistakes People Make
- Waiting too long: A delay of even a few days can allow the trail to go cold — phone records get deleted, witnesses move, and the husband changes location.
- Relying on phone calls instead of written complaints: Verbal complaints are worthless in court. Written communication creates a legal record of your efforts.
- Destroying or losing evidence: Do not delete WhatsApp chats or call logs. Screenshot and back up everything before any confrontation.
- Engaging a lawyer without domain experience: This area of law — police refusal remedies under BNSS — is procedural and requires familiarity with criminal court practice. A general practitioner may not know the precise steps to file a Section 175(3) complaint or how to frame it for maximum effect.
- Posting on social media prematurely: Emotional outbursts on Facebook or Twitter can prejudice the police and the court against your case. Keep it private.
- Signing any document without reading: The husband's family may pressure the wife to sign a "compromise" that waives all claims. Never sign anything without a lawyer reviewing it.
FAQs People Normally Have
Does police have to file a missing person report even if the person left voluntarily?
Yes. A missing person report is an administrative record to initiate a search. It is not an FIR. Police cannot refuse it merely because the adult left willingly. However, they may delay — that is why you need the legal remedy under BNSS.
Can I file a missing person report online?
Some states allow online complaints. In Maharashtra, the "Dial 100" or a local police portal may allow e-FIR for missing persons. But the safest method remains a written complaint with acknowledgment.
Will the husband be arrested if found?
Only if the police find evidence of a criminal offence — such as abandonment of wife under Section 204 BNS. If he simply left and is supporting the family, no arrest is likely. The missing person report itself does not lead to arrest.
Can the wife claim maintenance during this time?
Absolutely. She can file a petition for maintenance under the BNSS (for a wife unable to maintain herself) or under the Protection of Women from Domestic Violence Act, 2005. The court can order interim maintenance within weeks.
What if the husband is located but refuses to return?
Then the wife must consider long-term legal remedies: divorce, permanent custody of the child, and a maintenance decree. The police cannot force an adult to return to his marital home against his will. The court can, however, enforce a maintenance order through attachment of his property or salary.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.