HC shocked over ‘missing cases’ FIRs sans IPC provisions

A division bench comprising Justice N Kirubakaran and Justice Abdul Quddhose, said, “Every day, before this court, a number of Habeas Corpus petitions are filed to produce missing men, women and children. When there is no offence as “man missing” in the IPC, it should have been brought to the notice of the policy makers so that an appropriate Act could be amended to include a new provision for man, woman or children missing cases.”

However, the bench recorded the submission by G Karthikeyan, Assistant Solicitor General, that Section 174 of the Code of Criminal Procedure (CrPC), which deals with missing cases due to abduction or kidnapping, could be amended to accommodate such men and women missing cases.

Based on this, the bench on noting that it is clear that Section 174 of the CrPC speaks about suicide of a person or that a person has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion of commission of offence by some other persons, said, “In man missing cases also, it is not known as to whether the missing person is alive or not and what are all the reasons for his disappearance.” “Therefore, Section 174 of the Code of Criminal Procedure should be amended to include man missing cases under this provision so that an enquiry could be conducted,” the bench added.

The bench then suo motu impleaded the Union Ministry of Law and Justice, Secretary, Home Department and Director General of Police as respondents and sought an answer for a volley of questions, which included as to why the Central Government should not amend Section 174 of the CrPC to include the “man missing case” also within the scope of the said Section. The plea has been posted for further hearing to June 17.