"Mandatory registration of FIRs in missing-person cases strengthens accountability but strains police capacity." Critically examine this in light of recent Supreme Court directions.
New · District CollectorCan you hold the district for 72 hours?Floods, a heatwave, an outbreak, a grievance queue. Take the decisions, see the consequences.Play →In G. Ganesh v. State of Tamil Nadu (May 2026), the Supreme Court ordered every police station to register an FIR as soon as a person is reported missing, without any preliminary enquiry. In August 2026 it clarified that "person" includes adults [1]. The rule fixes a real failure of police accountability. Applied to every case in the same way, however, it strains police capacity.
How it strengthens accountability
- Ends the "search first" culture: Police cannot ask families to search first. Action begins in the golden hours, when the chance of recovery is highest [1].
- Makes hidden cases visible: After the 2013 Bachpan Bachao Andolan direction, recorded missing-children cases rose. MHA says this came from better registration, not more crime [2].
- Builds an anti-trafficking chain: AHTUs are to be fully working within four weeks. An MHA trafficking portal is to be linked with CCTNS, and Aadhaar verification is required for recovered persons [1].
- Adds child-focused units: MHA asks for a Child Welfare Officer in every police station and SJPUs [3].
How it strains police capacity
- Spreads resources thin: Every report must be processed, including adults who left by choice (elopement, migration for work). Genuine trafficking cases then compete for the same investigating officers.
- Going missing is not a crime: An FIR records a cognizable offence. For a missing adult, police may have to record an offence that never happened. Families can then use it against a partner they disapprove of, which harms the autonomy protected by Article 21.
- Stricter than the statute: BNSS Section 173(3) allows a DSP-approved preliminary enquiry for offences punishable with 3–7 years [4]. A report of a missing adult now gets less filtering than an actual crime.
- Overlapping databases: The new portal sits alongside MWCD's Track Child and Khoya-Paya [6], so the same case may be recorded several times.
Way forward
- Two-track SOP:
- Immediate FIR for every missing child and for any case showing force or trafficking.
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For adults with credible evidence of leaving by choice, record a report and allow a short enquiry approved by a DSP. An FIR follows automatically if the person's safety cannot be confirmed.
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Focus on tracing, not paperwork: Use organised search drives such as MHA's Operation Smile/Muskaan [5], and connect all the portals.
Overall, the statement is largely valid. Mandatory FIRs have fixed a real accountability gap, especially for children, but applying them to every adult spreads thin the police capacity they depend on. A two-track approach that protects children first and respects adult choices would preserve the Court's intent, uphold Article 21, and advance SDG 16.2 on ending trafficking.
Sources
- 1Supreme Court of India, *G. Ganesh v. State of Tamil Nadu & Ors.*, orders dated 22.05.2026 and 05.08.2026FIR without preliminary enquiry, golden hours, AHTUs, MHA portal with CCTNS, Aadhaar, "person" includes adults
- 2MHA, Lok Sabha Unstarred Question No. 4003, 25.03.2025BBA direction; rise in recorded cases due to better registration
- 3MHA, Advisory on Missing Children to Prevent Trafficking, F.No.15011/60/2011Child Welfare Officer in every police station; SJPUs
- 4PIB, CrPC and BNSS: A Comparative Analysis (2024)Section 173(3) preliminary enquiry for 3–7 year offences
- 5PIB, Drive to Rescue Missing ChildrenOperation Smile and Operation Muskaan
- 6PIB, Missing children on Track Child and Khoya-PayaMWCD's Track Child and Khoya-Paya portals