Supreme Court Orders FIRs for Every Missing Person

New Delhi: The Supreme Court has issued strict directions to all states and Union Territories to immediately register an FIR whenever a person is reported missing, irrespective of the individual’s age or gender.

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The court expressed surprise after learning that some states had allegedly misunderstood its earlier directions and believed that the order applied only to cases involving missing children. A bench comprising Justice Ahsanuddin Amanullah and Justice R. Mahadevan made it clear that the term “person” covers everyone, including adults, regardless of age or gender.

In its order dated August 5, the Supreme Court warned that states and Union Territories failing to comply with the court’s earlier directions could face contempt proceedings. The concerned Chief Secretaries and Directors General of Police (DGPs) may also be required to personally appear before the court and explain the reasons for non-compliance.

Supreme Court Calls Misinterpretation ‘Deliberate and Malicious’

The bench strongly criticised the interpretation adopted by some states regarding its previous order.

The court observed that it was surprised that certain states believed the word “person” referred only to children and excluded adults. The bench further stated that such a belief appeared to have been spread deliberately and with malicious intent.

The Supreme Court clarified that there was no ambiguity whatsoever in its earlier order and that the word “person” means every individual, irrespective of age or gender.

Non-Compliance Could Lead to Contempt Action

The court directed that if any state or Union Territory has failed to comply fully with the May 22 order, notices should be issued to the concerned Chief Secretary and DGP for contempt of court.

The senior officials may have to appear personally before the Supreme Court and submit affidavits explaining why action should not be taken against them. They will also be required to explain why they should not be punished for allegedly disregarding and failing to implement the court’s directions.

What Did the Supreme Court Order on May 22?

In its May 22 order, the Supreme Court had directed every police station to register an FIR immediately after receiving information that a person was missing.

Police have been specifically told not to wait for a preliminary inquiry before registering the FIR. The responsibility of locating the missing person should also not initially be shifted to the family.

The FIR should include relevant provisions of the Bharatiya Nyaya Sanhita (BNS) concerning kidnapping or human trafficking, wherever applicable.

No Waiting for 24 Hours to Start Search

The Supreme Court stressed that the first few hours after a person goes missing are extremely critical, as the chances of locating the person safely are considered higher during this period.

Police have therefore been directed not to wait for 24 hours before beginning efforts to trace a missing person.

Even if the missing person is located within 24 hours and reunited with the family, the police are still required to take immediate action as directed by the court.

Human Trafficking Cases to Be Escalated Quickly

The May 22 order also stated that if police suspect the involvement of human trafficking in a missing-person case, the matter should be transferred to a specialised unit without waiting for the completion of the usual four-month period.

The Centre, along with all states and Union Territories, was also directed to ensure that their Anti-Human Trafficking Units (AHTUs) become fully operational and active within four weeks.

The Supreme Court’s latest directions underline the importance of immediate police intervention in missing-person cases and seek to establish a coordinated mechanism across the country for tracing missing individuals, preventing human trafficking, and ensuring the rescue and rehabilitation of victims.

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