SC Clarifies Missing Person FIR Rule In Case Arising From 2011 Chennai Disappearance

In a case originating from the 2011 disappearance of a girl from Chennai, the Supreme Court has clarified that its order directing states and Union Territories to immediately register First Information Reports (FIRs) in missing person cases applies to every individual, regardless of age or gender.

A Supreme Court bench comprising Justice Ahsanuddin Amanullah and Justice R Mahadevan issued the clarification in an order dated August 5. The bench expressed shock that certain states were under the impression that the directive applied strictly to children, describing this interpretation as a deliberate and mala fide bogey raised by non-compliant administrations.

The apex court held that states and Union Territories that failed to comply with its directives despite previous court orders are prima facie in contempt. The bench issued contempt notices to the Chief Secretaries and Directors General of Police of the concerned states and Union Territories, directing them to appear in person on October 5 to file show-cause affidavits explaining why contempt proceedings should not be initiated against them for failure to comply.

The Supreme Court proceedings stem from a petition filed by G Ganesh before the Madras High Court after his daughter went missing from Chennai on September 19, 2011.

In an earlier hearing on May 22, the top court had highlighted that 47,000 children remained untraced in the country as of that date. Expressing displeasure over the rise in missing children cases linked to organized inter-state human trafficking syndicates, the court ordered that whenever a child goes missing, authorities must proceed on the presumption of kidnapping or abduction from the outset to avoid delays.

The court directed police stations across the country to immediately register FIRs upon receiving information about a missing person without waiting for a preliminary inquiry. It specified that FIRs must mandatorily incorporate relevant provisions of the Bharatiya Nyaya Sanhita, 2023, relating to kidnapping and trafficking. The court further directed the Ministry of Home Affairs to put in place an all-India grid connecting every police station on a platform with a dedicated human trafficking portal, while requiring anti-human trafficking units to be fully functional within four weeks, traced children to be handed over to families within 24 hours where appropriate, and rescued individuals to undergo Aadhaar biometric verification.