To file an FIR of Missing Person

Introduction

I am talking about the filing of a “missing person’s report,” such as boy, girl, man or woman starts off with the same policies and technicalities as that of any other offense/ information. The commencing method of reporting a missing person may be a phone call to the police station, by way of transmitting on the 24-hour helpline number, or by going in person to the police station to complain. The most common anxiety that people harbor in this context, power by exploding culture, is that there needs to be a necessary waiting period for 24-hours or 48-hours before approaching the police to file the case. There is no such demand, and a person can contact the police if he/ she has reasonable comprehension regarding the possibility of someone being missing, or serious discussion about their safety and do not take control of any idea about their whereabouts. The police may, however, ask you to make another attempt to explore that person at home or nearby, before filing a legal complaint. Otherwise, the police cannot deny to file a complaint if the statements made seem to be genuine. To cover the mode of complaint used, the police may aptly file the complaint and begin with the mandatory in the investigation process.

Define FIR

FIR means that the First Information Report. An FIR is an important registration related only to cognizable (criminal) offense, while other police complaints do not automatically need to follow this norm. As mentioned earlier, it is viable that a lost person may be so even on his/her own accord, while on the other hand there may be accidental or other criminal reasons, such as kidnapping, abduction, raped or murder behind a lost person. To taking these factors into remuneration, it is common to see that the police generally show an absence of interest in filing an FIR, when a case of missing person is reported. Even though this disposition is well-grounded, there can be no refusing that this leads to certain difficulties during later stages.

Example Of filing an FIR of Missing Children

A girl name was Ragini who was 7 years old and she belongs to the political family background. She was the only one child of her family. She was studying in 1st standard in Sunshine Public School and going to school with school auto rickshaw. In the month of 24th February, 2018 she was going to school as always on daily basis, but after the school was over, she was waiting for her auto rickshaw then a person was coming to her, give her chocolate and intoxicated her. After 8-10 hours when she was opened her eyes, she was tied with a rope. She was getting tortured by that person. On the other hand, Ragini’s parents were getting disturbed and started finding him. When her parents go to file an FIR, the police was refused to file an FIR and said that it should be filed after 24 hours. Next Day the kidnapper was called to her father and demand for 50 lakhs. After 24 hours ago her family going to file an FIR, then police were started investigation on it. On the 3rd day, a kidnapper was started shifting from one place to another. Then Police was started tracking the kidnapper location and saved that girl’s life.

“It stimulates off nationwide anguish on the abuse to which the victims were subjected and gross infraction of their human rights. In order to put an end to the cold hearted attitude and insecurity, which regard to the protection of children and also to protect more lives from being lost in similar crimes, to seeing this situation, then earlier the National Human Rights constituted a Committee on February 12, 2007, to focus into the matter of missing children in depth. The Committee was to inspect the problem of missing children and bring this matter to the forefront as a National Priority. The Commission felt that missing children remain an abandoned, low-priority mediation area for everyone other than those who have lost their children. The Committee was also allocated the task to develop simple and practical guidelines so that the Commission can come up with suitable recommendations.” The endeavour of this Committee was, to begin with, deal with cases of missing children as a “priority matter” and an important matter while dealing with human rights. It was based on the recommendation of this Committee, certain new policies in the investigation of missing persons were recommended.

There are certain following steps were laid down for kidnapped minors, especially girls, which was binding on Investigating Officer in all states.

  • To print photographs of the missing persons (such as girl, boy, man or woman) in the Newspaper, telecast them on television spot, and in case not later than one week of the receiving of the complaint. But in case of a minor/major girl such photographs shall not be printed without the written consent of the parents /guardians.
  • To start making questions in the neighbourhood, the place of work/study of the missing girl-friends, colleagues, conversancy, relatives etc. urgently. All the evidence from the papers and belongings of the missing person should be spot on investigating equally.
  • To contact with the Principal, Class teacher and Students at the misplaced person’s most recent school /educational institutions. If the missing girl or woman is employed somewhere, then to connect the most recent employer and her colleagues at the place of employment.
  • To conduct questioning into the whereabouts of the missing person from the expand family of relatives, neighbours, school teachers, including school friends of the missing girl or woman.
  • To make mandatory questioning whether there have been past incidents or reports of violence in the family.
  • To carefully follow up to ensure that the records requested from the parents are obtained and inspect them for evidence.
  • The Hospitals and Mortuaries to be searched urgently after receiving the complaint.
  • The reward for providing evidence about missing person should be announced within a month of her vanishing.
  • The inspection should be made by women police officers as far as possible.
  • The anxious police commissioner or the DIG/IG of the State Police would find out the achievability of establishing a multitask force for locating minors, especially girls.

In these it also adds the duties of IO in metropolitan areas, to conduct urgent verification of red light areas, to protect any minor girl found therein, as per the policy laid down in the Juvenile Justice (Care and Protection of Children) Act.

 

 

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