3 weeks ago
SC: Register FIR for missing persons immediately, irrespective of age
When someone goes missing, the police should start looking for them right away.
The Supreme Court of India is the country's highest court, and its rules must be followed by all police.
The court said police must register an FIR, an official report that starts an investigation, as soon as they hear that anyone is missing.
Some state governments thought this rule was only for children, but the Supreme Court said no — it applies to every person, no matter their age or gender.
The court was unhappy that some states did not follow its order and called their excuse a 'bogey,' which means a made-up excuse.
Those states must now send their top officials to court to explain themselves, or they could be punished.
The court also wants one big computer network connecting all police stations so they can work together to find missing children and stop traffickers, people who take others and sell them.
There are still about 47,000 children in India who are reported missing and have not been found.
The court also said that when a missing person is found, police should help them get an Aadhaar card, an official identity card, to keep them safer.
The Supreme Court clarified that its order to register FIRs immediately for missing persons applies to every person, irrespective of age or gender.
Justices Ahsanuddin Amanullah and R Mahadevan called states' children-only reading of 'person' a 'deliberate and mala fide bogey.'
Non-compliant states and Union Territories were held prima facie in contempt, with Chief Secretaries and Directors General of Police ordered to appear personally and file show-cause affidavits.
The court noted 47,000 children remain untraced in India and described missing children as often victims of organised inter-state trafficking syndicates.
The Ministry of Home Affairs was directed to build an all-India police grid with a dedicated human trafficking portal; the next hearing is on October 5.
- Who
- The Supreme Court of India (bench of Justices Ahsanuddin Amanullah and R Mahadevan), non-compliant states and Union Territories, and the Ministry of Home Affairs.
- What
- The court clarified that FIRs must be registered immediately for every missing person, irrespective of age or gender, and found non-compliant states and Union Territories prima facie in contempt.
- Where
- New Delhi, India; the case began when G Ganesh's daughter went missing from Chennai on September 19, 2011.
- When
- The clarification was issued in an August 5 order following the court's original directions of May 22; the next hearing is on October 5.
- Why
- To ensure serious and speedy investigation of missing-person cases and to combat organised inter-state trafficking of missing children.
Supreme Court's position
States' interpretation
Scope of the FIR directive
Supreme Court's position
The word 'person' means every person, irrespective of age or gender, so FIRs must be registered immediately for all missing adults and children.
States' interpretation
Some states were under the impression that 'person' referred only to children and did not include adults.
Nature of non-compliance
Supreme Court's position
The court called this reading a 'deliberate and mala fide bogey,' found non-compliant states prima facie in contempt, and ordered their Chief Secretaries and DGPs to appear personally.
States' interpretation
The non-compliant states say they did not extend the earlier order to missing adults because they believed it applied only to children.
Key facts
- Court
- Supreme Court of India
- Bench
- Justices Ahsanuddin Amanullah and R Mahadevan
- Key orders
- May 22 (original directions); August 5 (clarification)
- Untraced children in India
- 47,000
- Relevant law
- Bharatiya Nyaya Sanhita, 2023 (kidnapping/trafficking provisions)
- Consequences
- Contempt notices to Chief Secretaries and Directors General of Police
- Next hearing
- October 5
- Case origin
- G Ganesh's daughter missing from Chennai since September 19, 2011
Quotes
Supreme Court bench (Justices Ahsanuddin Amanullah and R Mahadevan)
Supreme Court judges who issued the order.
“Today, we are shocked to learn that some of the States are under the impression that the expression 'person' refers only to children and does not include adults. We find this to be a deliberate and mala fide bogey raised by such States. The language of our earlier order is clear and unambiguous. The expression 'person' means every person, irrespective of age or gender”
deccanchronicle.com
deccanchronicle.com
freepressjournal.in
theprint.in
“The Ministry of Home Affairs, Government of India, is directed to put in place an all‑India grid connecting each and every police station in the country on one platform, which will have a special portal dedicated to human trafficking, including missing children and women.”
deccanchronicle.com
Sources
Tamil Nadu Missing Girl Case Prompts SC Clarification on FIRs for All
Register FIR in Cases of Missing Persons Immediately, Irrespective of Age or Gender: SC
'FIR Must Be Filed Immediately For Every Missing Person, Regardless Of Age Or Gender': Supreme Court Warns States Of Contempt Action








