Every Missing Woman or Child Must Be Presumed Trafficked or Abducted Unless Proved Otherwise: Karnataka High Court Issues Sweeping Systemic Directions

“The first 24 hours are not optional — they are critical. Delay in FIR or investigation can destroy lives, evidence, and hope.” – Karnataka High Court, in a momentous habeas corpus ruling , transformed the law on missing persons in India into an enforceable constitutional mandate. The case involved the tragic disappearance of a young woman, the petitioner’s daughter, untraced since 20 December 2023. What started as a desperate father’s plea for his missing child turned into a historic judicial blueprint for a victim-centric, technology-integrated, and accountability-driven policing model.

After meticulously reviewing the trajectory of judicial precedents from the Supreme Court and various High Courts, as well as a multitude of Standing Orders, SOPs, and advisories from State and Central Governments, the Division Bench institutionalized sweeping systemic reforms, with mandatory FIR registration, creation of district-level oversight committees, and integration of national and state-level tracking portals.

“No Police Station Has the Right to Deny a Complaint on Grounds of Jurisdiction – Every Missing Complaint Must Be Registered Instantly”

The petitioner’s daughter, who had been working as an accountant, went missing after leaving her parents’ home in December 2023. Despite extensive family efforts and an FIR filed on 27 December 2023, police investigation remained ineffective and non-compliant with mandated procedures. The Court, after numerous hearings and status reports from police officers, found that the authorities had not adhered to any meaningful Standard Operating Procedure (SOP) laid down by law or judicial directions.

The Court unequivocally held:

“No complainant seeking to lodge a complaint of a missing person shall under any circumstances be turned away by any of the Police Authorities…”

“Registration of FIR in missing children cases is not discretionary. It is mandatory and failure to do so invites disciplinary proceedings.”

Referring to Bachpan Bachao Andolan v. Union of India and Vinod v. State (NCT of Delhi), the Court emphasized that:

“Every missing child is to be presumed as a victim of trafficking or abduction unless conclusively proved otherwise in investigation.”

“Systemic Failure Demands Systemic Response – Not Just Orders, But Institutional Mechanisms Are Now Mandated”

The Court issued transformative directions by constituting District-Level Monitoring Committees comprising the Inspector General of Police, Superintendent of Police, and Deputy Superintendent of Police for every case where a person remains untraced for more than two months. These committees are mandated to:

• Review pending investigations every quarter

• Recommend change of Investigating Officer if performance is unsatisfactory

• Ensure SOPs and judicial guidelines are scrupulously followed

• Use national portals like “TracktheMissingChild,” “KhoyaPaya,” “Talash,” “Mission Vatsalya,” and “GHAR”

• Submit bi-annual reports to the Registrar (Judicial) of the High Court

The Court observed:

“This is not merely a case of one missing woman. This is a mirror reflecting an institutional breakdown. This Court cannot allow missing persons to become mere numbers lost in a bureaucratic void.”

“Investigation Without Technology Is Blindfolded – Use Facial Recognition, CCTV, DNA Matching, and Digital Tracking”

Taking note of advanced forensic tools and digital databases, the Court made it obligatory for the police to:

• Secure DNA samples of family members for future identification

• Publish photographs with consent in newspapers, TV, cable, and social media

• Scan CCTV footage and investigate frequent locations of missing individuals

• Collect forensic evidence immediately after a person is reported missing

• Update online databases within 24 hours and disseminate to mobile police units

The judgment directed that no unidentified dead body shall be disposed of without preserving DNA, fingerprints, and photographic documentation. Additionally, police were ordered to use AI-driven protocols to detect patterns in missing persons cases and leverage real-time alerts for inter-agency collaboration.

“This Court Has Waited Long Enough – Time for Compliance, Not Excuses”

Highlighting that the State's digital portal ‘Citizen Central Police’ was non-functional, the Court directed the Karnataka Government to:

• Issue a consolidated circular incorporating all prior SOPs and judicial directions

• Mandate compliance with disciplinary consequences for police officers who fail to follow protocols

• File affidavits detailing the structure and operational status of Anti-Human Trafficking Units (AHTUs) across districts

• Report back on implementation of guidelines issued in C. Shiva and Pinki cases

Justice C.M. Poonacha sternly warned: “Failure to act now is failure to act ever. The State cannot operate in statutory silence when its citizens vanish without trace.”

Habeas Corpus for the Missing Now Comes With a Constitutional Protocol

By disposing of the habeas corpus petition without tracing the detenue but issuing an expansive framework for enforcement, the High Court has redefined the jurisprudence surrounding missing persons. This is not a case of mere non-tracing; it is a foundational reassertion of constitutional governance, police accountability, and human dignity.

The directions in Ramakrishna v. DGP shall now stand as binding law in the State of Karnataka and may soon become a national model for handling the growing crisis of missing persons — especially women and children.

Date of Decision: 12.09.2025