Supreme Court Orders Immediate FIR for Every Missing Person, Warns States of Contempt
New Delhi: The Supreme Court has directed police to register an FIR immediately whenever any person is reported missing.
The order applies to everyone, regardless of age or gender. The Court made it clear that the direction covers adults as well as children.
A bench of Justice Ahsanuddin Amanullah and Justice R. Mahadevan issued the clarification while reviewing measures related to missing persons and human trafficking.
Supreme Court Clarifies ‘Person’ Includes Adults
The Court was concerned that some States had interpreted its earlier direction as applying only to missing children.
The bench rejected that interpretation.
It said the word “person” means every person, irrespective of age or gender. The Court also criticised the States for raising such a narrow interpretation of its earlier order.
The clarification follows the Supreme Court’s May 22, 2026 directions. Those directions required police stations to immediately register an FIR after receiving information about a missing person.
No Preliminary Inquiry Before Registering FIR
The Supreme Court said police cannot delay an FIR by conducting a preliminary inquiry first.
Families should also not be left to search for the missing person before police action begins.
The Court stressed that police machinery must be activated without delay. It highlighted the first few hours after a disappearance as the “golden hours” for tracing a missing person safely.
The earlier directions also require relevant provisions of the Bharatiya Nyaya Sanhita (BNS), 2023 to be invoked where kidnapping, abduction or trafficking is suspected.
Chief Secretaries, DGPs Face Contempt Warning
The Supreme Court has issued a strong warning to States and Union Territories that fail to follow its directions.
Chief Secretaries and Directors General of Police of non-compliant States and UTs may face contempt proceedings.
The Court directed concerned officials to remain personally present and submit show-cause affidavits explaining the alleged non-compliance.
The bench also noted that several States and UTs had not filed affidavits detailing compliance with the earlier directions.
Anti-Human Trafficking Units to Be Strengthened
The Supreme Court has also pushed for stronger action against human trafficking.
It directed authorities to ensure that Anti-Human Trafficking Units (AHTUs) become fully functional and operational.
The Court also called for better integration of relevant portals across the country. The aim is to improve information sharing and speed up efforts to trace missing persons.
The Court had earlier directed the integration of systems dealing with missing persons and trafficking. It has now asked authorities to complete the portal integration exercise within six weeks.
Supreme Court Missing Person Case
The proceedings stem from G. Ganesh v. State of Tamil Nadu & Others.
The case concerns broader issues involving missing persons, child trafficking and the effectiveness of the existing police response.
The Supreme Court expanded the proceedings after concerns emerged about systemic gaps in tracing missing children and tackling trafficking.
According to reports, the Court’s May 22 directions were aimed at strengthening the nationwide mechanism for locating missing persons and preventing trafficking.
Next Hearing on October 5
The Supreme Court has listed the matter for October 5, 2026, at 2 PM.
The bench is expected to examine compliance with its earlier directions and the steps taken by States, Union Territories and central authorities.
The latest warning sends a clear message to police authorities. A missing-person complaint must trigger an immediate response, regardless of whether the missing individual is a child or an adult.
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