The Pitfalls Of Mandatory FIRs, Pg7

Key Highlights:

• The Supreme Court recently reiterated the mandatory registration of a First Information Report (FIR) for any missing 'person', not just children, in the case of G. Ganesh v. State of Tamil Nadu and Others.
• Earlier directions from the Supreme Court in May included establishing a special portal by the Ministry of Home Affairs (MHA) for human trafficking and activating Anti-Human Trafficking Units (AHTUs).
• This expands upon the 2013 Bachpan Bachao Andolan (BBA) versus Union of India and Others judgment, which mandated FIRs specifically for missing children.
• The court's directive implies a presumption of abduction or trafficking for all missing persons, including adults.

FIR on Missing Persons.jpg

Detailed Insights:

• The Supreme Court ruling in G. Ganesh originated from a child missing since 2011, highlighting issues with the implementation of existing guidelines.
• The 2013 Bachpan Bachao Andolan judgment also directed states to establish Special Juvenile Police Units at every police station.
• For missing children, a presumption of a cognizable offense (abduction or trafficking) was established in 2013, as a child's consent is legally irrelevant.
• The current blanket presumption for adults is problematic as adults have agency and may leave voluntarily, potentially leading to police intervention in consensual relationships.
• Mandatory FIRs for all missing adults could lead to police tracing individuals who left home willingly, potentially endangering them in cases like honor killings.
• The article suggests that a preliminary inquiry window (e.g., a week or fortnight) could help filter cases and prevent unnecessary police action against consenting adults.
• The ruling references Section 154 of the Code of Criminal Procedure (CrPC), which is now Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), concerning information in cognizable cases.
• Section 63 of the Juvenile Justice (Care and Protection of Children) Act, 2000 mandates a specially trained police officer to be designated as a Juvenile Welfare Officer.

Key Concepts Involved:

• First Information Report (FIR): A written document recorded by the police upon receiving information about a cognizable offense.
• Cognizable Offence: An offense where police can arrest a person without a warrant and begin investigation without court permission.
• Anti-Human Trafficking Units (AHTUs): Specialized police units established to combat human trafficking.