Local Police Do Not Have Jurisdiction To Investigate When Person Is Missing Abroad: Punjab & Haryana High Court

The Punjab and Haryana High Court orally observed today that the local Indian police do not have jurisdiction to investigate the matter of a missing person abroad.

Justice Meenakshi I. Mehta said, “the party needs to approach the Indian Embassy…since the person who is allegedly missing is not in India, the local police do not have jurisdiction in this matter.”

The bench was seized with the petition filed by a woman and her minor daughter, seeking direction to the Police to locate her husband who allegedly went missing after going to Australia. She submitted her husband resided in Australia since 2011 and used to visit them. However, his last visit was in 2021 and his mobile is switched off since February, 2023. None of his relatives know his whereabouts, she said.

Petitioner said she had submitted a representation to Chandigarh DGP and the Commissioner of Police but, it was not acted upon.

The Court wondered how local police could investigate when the person who is alleged to be missing is in Australia. It remarked the man may not even be missing and could have switched off the phone to end contact with his wife and “there is an appropriate remedy for that”.

Court thus allowed the Petitioner to withdraw the petition and avail statutory remedy. “You should knock at the right door,” it remarked while refusing to direct Police to contact the embassy.

Appearance: Vaibhav Narang Advocate for the petitioner

Case Title: X v. State of Punjab & Ors.

CRM-M-47350-2023