Child Kidnapping Cases: PIL In Supreme Court Seeks Uniform Investigation Protocol, Special Courts Across India

The petition filed by Advocate Ashwini Kumar Upadhyay seeks directions to the Centre and States to formulate “Standard Questionnaires” and a “Special Investigation Procedure” for such cases. It also seeks a direction that investigations into kidnapping and abduction cases be conducted by officers not below the rank of Assistant Commissioner of Police (ACP) or Station House Officer (SHO) to ensure time-bound investigation.

The petitioner has further sought the establishment of Special Courts, on the lines of courts dealing with cases involving MPs and MLAs, to ensure that kidnapping and abduction cases are decided within one year.

PIL seeks Action against property of Kidnapping accused

The petition also seeks directions for assessment of the assets of persons allegedly involved in kidnapping and abduction, as well as their family members, and for appropriate action under laws relating to money laundering, benami properties and black money.

It seeks confiscation of movable and immovable properties of perpetrators and family members allegedly directly or indirectly involved in such offences.

Another relief sought is a declaration that sentences imposed for kidnapping and abduction should run consecutively rather than concurrently, as a deterrent against such offences.

Petition cites child trafficking, missing cases

The petitioner has relied on data concerning missing children and human trafficking to highlight what it describes as a systemic failure in investigating kidnapping and abduction cases.

The petition states that around 15,000 missing cases are registered annually in Bihar since 2013, with many involving children, and claims that only around half of the missing children are recovered.

It also refers to NCRB data concerning human trafficking cases in States including Odisha, Bihar, Telangana and Maharashtra, and highlights the vulnerability of children to begging, child labour, sexual exploitation and other forms of abuse.

The petition cites several incidents reported between June and July 2026, including the alleged trafficking of newborns across multiple States, the abduction and murder of a 10-year-old girl in Delhi, the abduction of an infant in Hyderabad, and cases involving alleged trafficking and exploitation of minors in Rajasthan and other States.

According to the petition, such incidents demonstrate the need for a uniform institutional mechanism for immediate registration of FIRs, investigation, rescue and inter-State coordination.

PIL alleges failure to implement SC directions

The petitioner has also relied on the Supreme Court’s judgment in G. Ganesh v. State of Tamil Nadu & Ors., SLP (Crl.) No. 11263/2025, and alleged that despite directions requiring complaints concerning missing children to be treated with utmost urgency, implementation remains inadequate.

The petition alleges that police authorities continue to register “GUMSHUDA” reports or equivalent general diary entries instead of FIRs in some cases, resulting in delays in commencing criminal investigations.

It further points to the absence of a uniform Standard Investigation Procedure prescribing immediate search and rescue operations, preservation of evidence, digital surveillance, inter-State coordination, forensic assistance and victim-centric investigation.

The petitioner has sought a real-time digital tracking and investigation mechanism connecting police stations, specialised units, State authorities and central agencies.

The PIL also seeks specialised investigation units and dedicated officers trained to deal with child kidnapping, trafficking, illegal adoption, sexual exploitation and organised crimes involving children.

It further seeks designated Special Courts for expeditious trial of kidnapping, abduction and trafficking cases, along with institutional accountability for non-compliance with Supreme Court directions.

The petitioner has contended that delayed FIR registration, ineffective investigation and prolonged trials increase the risk of trafficking, sexual abuse, forced labour, illegal adoption, child marriage and other forms of exploitation, besides violating the constitutional rights of children under Articles 14, 15, 21, 21A and 23 of the Constitution.

The petition describes the issue as one of grave public importance and seeks the Supreme Court’s intervention to establish a uniform framework for prompt investigation, rescue and speedy trial of kidnapping and abduction cases involving children across the country.