CASE TITLE ; G. Ganesh v. State of Tamil Nadu
Special Leave to Appeal (Crl.) No. 11263/2025.
The proceedings arose from a judgment dated 5 March 2025 of the Madras High Court in CRLRC No. 373/2025. The Supreme Court proceedings subsequently expanded into a broader examination of systemic failures in dealing with missing persons and human trafficking.
The Supreme Court of India has issued following significant nationwide directions to strengthen the police and administrative response to missing persons, missing children, kidnapping, abduction and human trafficking
1. Immediate FIR for Every Missing Person
The Court directed all police stations to register an FIR immediately when information is received regarding a missing person.
Police cannot insist that the family first search for the missing person or wait for a preliminary enquiry before taking action.
If the person is recovered within 24 hours, the FIR may, subject to the Court’s directions, not be forwarded to the jurisdictional court. However, the police machinery must still act immediately and cannot remain inactive.
2. Relevant BNS Offences Must Be Included
The FIR must incorporate the relevant provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) and other applicable laws relating to kidnapping, abduction or trafficking.
3. Early Transfer to Specialised Units
Where the investigating agency has sufficient reason to believe that a case involves human trafficking, it must be transferred to the specialised unit dealing with trafficking, kidnapping, abduction and allied offences, without unnecessarily waiting for the prescribed period.
4. Anti-Human Trafficking Units Must Become Functional
The Supreme Court noted concerns that Anti-Human Trafficking Units (AHTUs) existed in several places only on paper or lacked adequate manpower, powers and resources.
The Court therefore directed the Union and all States and Union Territories to ensure that AHTUs become fully functional and operational.
5. Prompt Restoration of Recovered Persons
Once a missing person, including a child, is recovered, authorities must ensure immediate restoration to the rightful family or guardian, after appropriate verification.
6. Better Identification Through Aadhaar
The Court also directed that recovered persons should immediately undergo Aadhaar verification or issuance of Aadhaar, as applicable, to facilitate identification and prevent difficulties in tracing identity and family connections.
The Court also directed States and UTs to appoint competent and responsible nodal officers for coordination and compliance.
What Should Families Do When a Person Goes Missing?
Do not wait for 24 hours. And family should immediately approach the police and provide all available information, including photographs, mobile number, last known location, clothing, friends or contacts and any circumstances suggesting kidnapping or trafficking.
The Supreme Court’s directions make it clear that the first few hours are critical and police intervention should begin immediately.
Frequently Asked Questions
What are Anti-Human Trafficking Units?
AHTUs are specialised police units intended to investigate and combat human trafficking. The Supreme Court directed authorities to ensure that these units are actually functional and adequately equipped.
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