No need to wait 24hrs to begin probe into missing children: HC tells police

A bench of justices Prathiba M Singh and Amit Sharma underscored that though the presumption behind the waiting was that children generally go missing when they are with friends or relatives and return to home, such a delay in search efforts might result in kidnappers taking the child out of court’s jurisdiction or lead to some untoward incident

The Delhi high court directed the Delhi Police to start investigations into the cases of missing children without waiting for 24 hours, remarking that the first 24 hours in such a case is a critical period that can lead to positive outcomes.

In its 10-page order penned by justice Singh, the judges opined that the initial waiting for 24 hours by the police before registering the complaint, appeared to have caused delay in a case. (HT Archive)

A bench of justices Prathiba M Singh and Amit Sharma underscored that though the presumption behind the waiting was that children generally go missing when they are with friends or relatives and return to home, such a delay in search efforts might result in kidnappers taking the child out of court’s jurisdiction or lead to some untoward incident.

According to the court, the waiting period was “wholly unnecessary.”

“Thus, in the case of complaints relating to children going missing, irrespective of whether the child is a minor or a major; waiting for the 24-hour period could result in crucial time being wasted. Therefore, it is extremely important that immediate investigation and inquiries be conducted by the police/investigating agencies without waiting for 24 hours under the presumption that the person/child may return home,” the court said in its July 9 order, which was uploaded on Thursday.

The bench added: “There is no scope for any speculation or conjecture that the child may return home in 24 hours and hence the police can wait. 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.”

The court issued the directions while dealing with a plea filed by a father whose daughter was missing since February. In his petition, the father stated that though he approached the police on February 19 to lodge a complaint, the police asked him to return the next day, if his daughter did not return.

In its 10-page order penned by justice Singh, the judges opined that the initial waiting for 24 hours by the police before registering the complaint, appeared to have caused delay in tracing the girl.

The court also took note of the standard operating procedure (SOP)s pertaining to missing children formulated by the Union health ministry and the Delhi Police, and the Delhi Police standing order which lays down the duties of cops regarding missing persons and unidentified dead bodies and remarked that the SOP made it adequately clear that the action had to be taken “immediately, promptly, forthwith and at once.”