Police must immediately register a First Information Report whenever they receive information that a person is missing, the Supreme Court has clarified, ruling that the requirement applies equally to adults and children.

A Bench comprising Justices Ahsanuddin Amanullah and R Mahadevan rejected an interpretation adopted by some states that the court’s previous order covered only missing children.

The court said the expression ‘person’ applies to everyone, irrespective of age or gender.

No Waiting for Preliminary Inquiry

Under the court’s May 22 direction, police cannot delay the FIR while conducting a preliminary inquiry. Families also cannot be asked to search for the missing person themselves before police action begins.

The court emphasised that the first few hours after a disappearance are critical for tracing the person safely. Police machinery must, therefore, be activated immediately.

The FIR should include applicable provisions of the Bharatiya Nyaya Sanhita relating to kidnapping, abduction or trafficking, depending on the circumstances and available information.

Contempt Warning to States

The court warned that continued failure to implement its direction could result in contempt notices being issued to the chief secretary and director general of police of the defaulting state or Union Territory.

The concerned officers could be required to appear personally and explain the non-compliance.

The clarification assumes particular significance because missing-adult complaints, especially cases involving women, migrant workers, elderly people and people with mental-health conditions, are sometimes recorded only as diary entries.

Trafficking Cases Need Specialised Investigation

Where investigators find reasons to suspect trafficking, the case must be transferred promptly to a specialised anti-human-trafficking unit instead of waiting for the expiry of the existing four-month period.

The ruling strengthens the legal responsibility of every police station to begin formal action from the moment a disappearance is reported.