Supreme Court: “Person” means EVERY person – adult or child. States’ narrow reading rejected as mala fide.
AUGUST 11: In a stern directive that places the full responsibility on the police, the Supreme Court has ruled that an FIR must be registered immediately the moment information is received about any missing person, irrespective of age or gender.
The latest clarification became necessary after the Court learned that some States had wrongly interpreted the word “person” as applying only to children. The Bench rejected this interpretation in strong terms, describing it as a deliberate and mala fide attempt to narrow the order. “Person,” the Court said, means every person – adult or child.
Police stations can no longer wait for a preliminary inquiry. They cannot treat the complaint as a routine diary entry or shift the burden onto families to search hospitals, stations and neighbourhoods themselves.
The Court has made it clear: the police must act at once.
A Bench of Justices Ahsanuddin Amanullah and R. Mahadevan issued the clarification while reviewing compliance with its earlier orders on missing persons and human trafficking.
The judges warned that States and Union Territories that fail to follow the mandate risk contempt proceedings against their Chief Secretaries and Directors General of Police, who may be summoned personally to explain the lapse.
The original direction was issued on May 22, 2026. It required every police station to register an FIR without delay and to include the relevant provisions of the Bharatiya Nyaya Sanhita, 2023, relating to kidnapping, abduction and trafficking.
Where trafficking is suspected, the case must be transferred to specialised Anti-Human Trafficking Units without unnecessary delay. Those units have also been ordered to be made fully functional.
The first few hours after a disappearance are often critical. A missing individual may have been kidnapped, trafficked or moved across district or state lines. Evidence can vanish quickly. By mandating immediate FIR registration, the Supreme Court aims to activate the investigative machinery before a disappearance turns into an unsolved case.
The order shifts the institutional burden firmly onto the State. Families will no longer be left to search alone while police delay formal action. Non-compliance can no longer be dismissed as an administrative lapse; senior officials may have to answer directly to the Court.The matter remains under continuous Supreme Court monitoring and is listed for further hearing on October 5, 2026. Authorities have been directed to report full compliance with the earlier orders.
When a person goes missing, the Court has ruled, the clock starts ticking immediately – and the police must respond.
The matter remains under the Supreme Court’s monitoring, with the case listed for further consideration on October 5, 2026. The Court has also directed concerned authorities to report compliance with its earlier orders
JANPATH NEWS NETWORK (JNN)
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