New Delhi, August 11, 2026: The Supreme Court has made it clear that police must immediately register a First Information Report (FIR) whenever they receive information about a missing person, irrespective of the person's age or gender, warning states and Union Territories of contempt action for failing to follow its direction.
A Bench of Justices Ahsanuddin Amanullah and R. Mahadevan issued the clarification while reviewing compliance with its earlier orders on measures to prevent human trafficking and trace missing persons.
The court said its use of the word "person" in an earlier order covered everyone and could not be interpreted as applying only to children, Live Law reported.
No Room For Misreading 'Person'
The court had on May 22 directed all states to register an FIR upon receiving information that any person was missing. It was, however, informed during the latest proceedings that some states had understood "person" to mean only children.
Rejecting that interpretation, the court called it a "deliberate and mala fide bogey" and said the language of its earlier order was clear.
"Today, we are shocked to learn that some of the States are under the impression that the expression 'person' refers only to children and does not include adults. We find this to be a deliberate and mala fide bogey raised by such States. The language of our earlier order is clear and unambiguous. The expression 'person' means every person, irrespective of age or gender," the court observed.
The clarification leaves little scope for authorities to delay action based on the age or gender of a missing person. More importantly, the warning of contempt proceedings signals that the court expects its directions to translate into action at police stations rather than remain only on paper.
Chief Secretaries And DGPs Face Contempt Action
The court said that if any state or Union Territory failed to comply with its earlier order, contempt notices would be issued to the Chief Secretary and Director General of Police (DGP) concerned.
The officials would have to remain personally present before the court and file show-cause affidavits explaining why they should not face proceedings and punishment for deliberate defiance and non-compliance with its orders.
In its latest order dated August 5, the court noted that several states and Union Territories had not filed affidavits reporting compliance with its earlier directions and held that they were prima facie in contempt.
It directed that contempt notices be issued to the Chief Secretaries and DGPs concerned, requiring them to remain personally present and explain why contempt proceedings should not be initiated against them.
The court separately noted that the Union Territory of Ladakh had not filed its response. It directed the Chief Secretary and DGP of Ladakh to submit personally affirmed affidavits explaining why appropriate action should not be taken against them for non-compliance.
Police Cannot Wait For Preliminary Enquiry
Under its May 22 order, the court directed every police station to immediately register an FIR as soon as it received information that a person was missing.
Police cannot wait for a preliminary enquiry or leave it to the missing person's family or guardians to conduct a search first. The court said the police machinery must be activated immediately at its highest level to trace the person.
It described the initial few hours after someone goes missing as the "golden hours", when the chances of safe recovery are at their highest.
The emphasis on immediate registration is significant because any delay at the police station can eat into precisely the period that the court considers crucial for locating a missing person safely.
FIR Must Include Relevant BNS Provisions
The court directed that the FIR contain relevant provisions of the Bharatiya Nyaya Sanhita, 2023, and other applicable statutory provisions dealing with kidnapping, abduction or trafficking of a person or child.
If investigators have sufficient reason to believe that trafficking is involved, the case should be transferred to a specialised unit dealing with human trafficking, kidnapping, abduction and allied offences without waiting for the four-month period to expire.
The court also directed the Union Government, states and Union Territories to ensure that all Anti-Human Trafficking Units (AHTUs) become fully functional and operational within four weeks.
Rules For Restoring Rescued Persons
The court also laid down directions for dealing with people who are recovered or rescued. A recovered person should be restored to their family without delay after authorities verify that the person is being handed over to the rightful guardian.
However, if a person has been trafficked with the involvement or connivance of their family or guardians, the victim should not be restored to that family. Responsibility for the person's care and protection would instead rest with state authorities, including Child Welfare Committees.
This safeguard is particularly important because recovery alone does not necessarily end the danger faced by a trafficking victim. The court's direction requires authorities to consider whether returning the person to the family would actually ensure their safety.
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Aadhaar Verification For Recovered Persons
The court further directed that every recovered or rescued missing person be taken immediately for Aadhaar verification or, where required, issuance of an Aadhaar card.
It also asked authorities to examine whether Aadhaar cards could be issued at the place of birth itself, subject to the voluntary consent of parents or guardians.
The court further directed the Union Government to integrate all relevant portals across the country within six weeks.
The matter will next be heard on October 5, 2026, at 2 pm.
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