Police Must Commence Investigation Immediately In Missing Children Cases Without Waiting For 24 Hours: Delhi High Court

The Delhi High Court has directed all the police stations in the national capital to ensure that there shall be no waiting period for 24 hours to start inquiry or investigation in cases of missing children.

A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma directed the Commissioner of Delhi Police to give directions to all the police stations that the waiting period of 24 hours is “wholly unnecessary” and that whenever a complaint is received, the inquiry or investigation should immediately commence.

Referring to Delhi Police's standing order and the SOP issued by Union Ministry of Women and Child Welfare concerning missing children cases, the bench said:

“The above SOPs makes it adequately clear that action has to be taken immediately, promptly, forthwith and at once. There is no scope for any speculation or conjecture that the child may return home in 24 hours and hence the police can wait.”

It said that the first 24 hour-period is the crucial or critical period when steps for tracing of the missing person or child could lead to positive outcome.

The court was dealing with a habeas corpus plea moved by a father seeking production of her minor daughter missing since February.

It was his case that on approaching the Police Station to lodge a complaint, the Police instructed him to wait for 24 hours presuming that the minor girl may return within that period.

He again approached the Police Station and a 'missing person report' was registered instead of FIR for the offence of kidnapping. He claimed that no proper investigation was conducted by the Police.

The court observed that the 24 hour delay may result in the child being taken outside the jurisdiction of the Court or some untoward incident taking place.

In the case in hand, the court said that the initial waiting for 24 hours by the police before registering or filing a complaint caused delay in tracing the minor girl.

“Thus, in the case of complaints relating to children going missing, irrespective of whether the child is a minor or a major; waiting for the 24 hour period could result in crucial time being wasted,” the court said.

It added: “Therefore, it is extremely important that immediate investigation and inquiries be conducted by the police/investigating agencies without waiting for 24 hours under the presumption that the person/child may return home.”

The bench transferred the matter to the Anti-Human Trafficking Unit (Crime Branch) of Delhi Police and directed it to conduct “immediate and diligent investigation” under the supervision of a Senior Officer not below the rank of an ACP.

The matter will now be heard on July 16.

Counsel for Petitioner: Ms. Manika Tripathy along with Mr. Naveen K. Sarswat & Mr. Rony John, Advs

Counsel for Respondent: Mr. Sanjay Lao, Standing Counsel (Crml.) with Mr. Priyam Agarwal & Mr. Abhinav Kr. Arya, Advs

Title: VINOD v. STATE N.C.T. OF DELHI

Citation: 2024 LiveLaw (Del) 769

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