The Delhi High Court recently directed the Delhi Police to begin investigating cases of missing children as soon as a complaint is received, without waiting for 24 hours [Vinod v State NCT of Delhi].
A Division Bench of Justices Prathiba M Singh and Amit Sharma emphasized that the Standard Operating Procedure (SOP) issued by the Ministry of Women and Child Development clearly mandates immediate and prompt action in cases of missing children.
The Court noted that there should be no assumption or conjecture that the child may return home within 24 hours, which might justify a delay in police action.
The first 24 hours are crucial for tracing the missing child, and immediate steps could lead to positive outcomes, the Court stressed.
“Accordingly, the Commissioner of Police should ensure that all police stations understand that the 24-hour waiting period is wholly unnecessary. Whenever a complaint is received, the inquiry/investigation should commence immediately. In light of the above SOPs and the observations made herein, all police stations must ensure that there is no waiting period for 24 hours in cases of missing children before starting an inquiry/investigation,” the Court ordered.
These directions were issued while hearing a habeas corpus plea filed by Vinod, seeking the production of his minor daughter who went missing on February 19, 2024.
Vinod stated that he had immediately approached the Nangloi Police Station to lodge a complaint, but the police told him to wait for 24 hours.
Given the seriousness of the case, the Court transferred the investigation to the Anti-Human Trafficking Unit (Crime Branch) and instructed them to file a status report within a week.
Advocates Manika Tripathy, Naveen K Sarswat, and Rony John appeared for Vinod.
The Delhi Police was represented by Standing Counsel (Criminal) Sanjay Lao and advocates Priyam Agarwal and Abhinav Kr Arya.
