Supreme court directed that FIR should be registered if any child goes missiong
An element of doubt has been raised on behalf of the State of Madhya Pradesh regarding the recording of First Information Report relating to a missing child, having regard to the provisions of Section 154 of the Code of Criminal Procedure, 1973 ['Code of Criminal Procedure', for short], which relates to information in cognizable cases. We do not, however, see any difficulty in the orders, which we have already passed. We make it clear that, in case of every missing child reported, there will be an initial presumption of either abduction or trafficking, unless, in the investigation, the same is proved otherwise. Accordingly, whenever any complaint is filed before the police authorities regarding a missing child, the same must be entertained under Section 154 Code of Criminal Procedure. However, even in respect of complaints made otherwise with regard to a child, which may come within the scope of Section 155 Code of Criminal Procedure, upon making an entry in the Book to be maintained for the purposes of Section 155 Code of Criminal Procedure, and after referring the information to the Magistrate concerned, continue with the inquiry into the complaint. The Magistrate, upon receipt of the information recorded under Section 155 Code of Criminal Procedure, shall proceed, in the meantime, to take appropriate action under Sub-section (2), especially, if the complaint relates to a child and, in particular, a girl child.
Writ Petition (Civil) No. 75 of 2012 and Contempt Petition (C) No. 186/2013 in Writ Petition (C) No. 75/2012
IN THE SUPREME COURT OF INDIA
Decided On: 10.05.2013
Appellants: Bachpan Bachao Andolan
Vs.
Respondent: Union of India (UOI) and Ors.
Vs.
Respondent: Union of India (UOI) and Ors.
Hon'ble Judges/Coram:Altamas Kabir , C.J., Vikramajit Sen and S.A. Bobde , JJ.
