Legal Awareness: Key Legislation
Understanding the legal framework is crucial for community safety and for the effective
reporting and investigation of missing persons, especially children and women.
- Bharatiya Nyaya Sanhita (BNS), 2023
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
- POCSO Act, 2012
- Trafficking in Human Beings or Persons (Prohibited under Article 23 (1) of Indian Constitution)
- Juvenile Justice (Care and Protection of Children) Act, 2015
- Standard Operating Procedures (SOPs) for Missing Children (MWCD, MHA)
Bharatiya Nyaya Sanhita (BNS), 2023
The BNS, 2023, classifies the unlawful removal or taking away of a person as either
Kidnapping (Section 137) or Abduction (Section 138), both leading to severe consequences.
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Kidnapping (Section 137): A direct offence where a person is taken beyond the limits
of India without consent, or a child under eighteen or a person with mental illness is
taken from their lawful guardian's custody without permission. Punishable by up to
seven years' imprisonment.
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Abduction (Section 138): The criminal act of compelling by force or inducing
by deceitful means any person (of any age) to move from one place to another. While not
an independent crime, it becomes an aggravated offence—punishable by up to life
imprisonment or the death penalty—when committed for a specific purpose like
murder, demanding ransom, or subjecting the victim to slavery (Section 140).
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
The BNSS, 2023, governs the procedure for filing an FIR or a Complaint for any offence,
including kidnapping and missing person reports.
1. FIR and Complaint for Kidnapping/Abduction
Kidnapping and Abduction (Sections 137 to 142 of BNS, 2023) are Cognizable Offences,
requiring the police to register an FIR and start an investigation immediately.
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Mandatory Registration (Section 173, BNSS): The Police Officer-in-Charge must
register the FIR if the information relates to a cognizable offence.
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Zero FIR (Section 173(1) BNSS): The police must register an FIR for a cognizable
offence irrespective of the jurisdiction where the crime was committed. This Zero
FIR is then transferred to the police station with the actual jurisdiction, ensuring
no delay.
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E-FIR/Electronic Filing (Section 173(1)(ii) BNSS): Information can be given
orally or by electronic communication (e.g., email).
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Complaint to Magistrate (Section 210, BNSS): If the police fail to register
an FIR, a complaint can be filed with the Superintendent of Police (SP), or
subsequently with the Judicial Magistrate to direct police action.
2. Missing Person Report
A missing person report is typically registered as a "Daily Diary Entry" (DDE) or
a "Missing Person Report" (MPR), not a formal FIR initially.
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Conversion to FIR: If the initial inquiry suggests the disappearance
was caused by force, deceit, or by taking a minor away from a lawful guardian,
the police must immediately convert the report into a formal FIR under the BNS.
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Search Warrant (Section 100, BNSS): A Magistrate can issue a search
warrant to find and rescue a person suspected to be wrongfully confined.
Protection of Children from Sexual Offences (POCSO) Act, 2012
The POCSO Act applies the BNS definitions of kidnapping and abduction but links
these acts to the potential for sexual exploitation.
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Uniform Definition: For the purpose of POCSO, a child is uniformly
defined as any person under the age of 18 years.
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Enhanced Penalty: If the motive for kidnapping/abduction is to commit
a sexual offence, or if a sexual offence is committed after the child is taken,
the case is charged under the much stricter POCSO law. The punishment is
significantly enhanced, with minimum jail terms of not less than ten years,
often extending to life imprisonment.
Juvenile Justice (Care and Protection of Children) Act, 2015
The JJ Act reinforces the general law by focusing on the care and protection needs
of children under 18 who are victims of crimes like kidnapping and abduction.
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Protection Focus: When a child is a victim, the focus is immediately
on their need for care and protection.
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Severe Penalties for Aggravated Crimes: It introduces severe penalties
for associated crimes, such as Section 81 (Sale and Procurement of Children),
which punishes the act of selling or buying a child (trafficking) with rigorous
imprisonment of up to seven years.
Trafficking in Human Beings or Persons
The Constitution of India absolutely prohibits trafficking.
"Traffic in human beings and begar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be an offence punishable
in accordance with law." - Article 23 (1) of the Indian Constitution
