The Karnataka High Court has directed that police stations in Karnataka are not permitted to decline registration of missing person complaints on the ground that the station lacks jurisdiction. A Division Bench of Justices S. G. Pandit and C. M. Poonacha issued this ruling while hearing a habeas corpus petition filed by a father whose daughter has been missing since 2023, and in whose case the local police refused to take complaint citing jurisdictional issues. The Court observed that time is of the essence in missing persons cases, and that refusal to register complaints based on technicalities like jurisdiction undermines both justice and urgency required in such matters.
The Court laid down a series of directions that the police authorities must follow when a missing persons complaint is made. First, every missing persons complaint must be registered promptly regardless of whether the police station approached is the jurisdictional one. If the station where complaint is lodged is not the jurisdictional police station, it must immediately transmit the complaint to the relevant AHTU (Assistance for Handling of Trafficking and Missing Persons Unit) with instructions that the proper police station register the complaint. The Investigating Officer must also report the matter to the CID (Criminal Investigation Department) of the State Government to explore whether there may be interstate aspects involved.
The Court also directed that formalities around missing persons investigations be modernized and strengthened. These include collecting a recent photograph of the missing person; securing forensic evidence from family members, for example DNA samples, so that in future if mortal remains are found they may be identified; circulating details of the missing person and the complaint broadly, including to beat police personnel and mobile police units (such as Hoysala units) within 24 hours; uploading details on all relevant government and inter-state portals; and if possible, publishing in newspapers and via audio/video news networks (with required consent) about the missing person.
The Court further ordered the State Government to issue a state-wide circular or notification to ensure compliance, incorporating into it the Standing Order No. 252 dated 18.3.2009, the Standard Operating Procedure (SOP) for Missing Children cases of the Government of Delhi, SOPs of the Ministry of Women and Child Development, and other relevant circulars or orders that exist dealing with missing persons. The circular must also prescribe disciplinary consequences for police officers who fail to adhere to the guidelines.
In addition, in cases where the missing person has not been traced or their mortal remains have not been recovered after two months from the date of complaint registration, a special Committee must review the case. This Committee is to be led by the Inspector General of Police of the relevant Police Range, and include the Superintendent of Police of the concerned District and the Deputy Superintendent of Police of the jurisdictional police station. The Committee’s role is to review the investigation so far and supervise the next steps in accordance with the guidelines issued by Supreme Court, High Court and relevant SOPs.
The Court has scheduled further hearing in the matter to review compliance reports on these directions.
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