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Synopsis

The Delhi High Court, on Wednesday, reprimanded the police over waiting 24 hours to start an investigation in missing children cases. The court outlined that the first 24 hours period is crucial which could lead to a positive outcome. 

The bench of Justice Pratibha M Singh and Justice Amit Sharma held, “In fact, the first 24 hour-period is the crucial period or critical period, when steps for tracing of the missing person or child could lead to positive outcome”. 

Mr Vinod filed a writ petition seeking production of his minor daughter who went missing on February 19, 2024, around 10:00 a.m. He suspected one Shahnoor,  son of Jumman Khan, of kidnapping her. He filed an FIR, however, the police waited 24 hours to start investigating wait 24 hours, assuming the minor might return during that period. 

Standing Counsel Sanjay Lao, representing the state, filed a Status Report dated July 9, 2024, detailing police actions. The report noted that the Call Detail Records (CDR) of various numbers, including the suspect Shaddam Khan's, were checked, and Shaddam's phone had been switched off since the girl's disappearance. 

The court noted that when the father approached the police on February 19, 2024, he was asked to return the next day if his daughter did not come back, based on the presumption that children often go with friends or relatives. This 24-hour delay potentially allowed the child to be taken out of the court's jurisdiction or face harm. The court outlined that in such cases, waiting 24 hours could waste crucial time. Thus, immediate investigation is necessary without waiting under the presumption of the child's return, the court emphasized.

The court noted the standard operating procedures of the Ministry of Women and Child Development, stating that upon receiving a missing child complaint, an FIR should be registered for trafficking or abduction.

Accordingly, the court noted that upon examination the Commissioner of Police issued directives to all police stations, ensuring that the 24-hour waiting period was deemed wholly unnecessary. Upon receiving a complaint, the inquiry or investigation commenced immediately. 

In light of the above Standard Operating Procedures and the observations made herein, the court directed all police stations to ensure there was no 24-hour waiting period before starting inquiries or investigations in cases of missing children.

Accordingly, the court listed the matter for July 16, 2024. 

Case Title: Vinod v State N.C.T. Of Delhi (2024:DHC:5065-DB)