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It has been observed by the bench comprising Justice N Kirubakaran and Justice Abdul Quddhose of the Madras High Court that, 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. In the instant case a habeas corpus petition filed by a mother complaining that her daughter has gone missing was being considered, when it was noticed that there is no provision in the Indian Penal Code for man or woman missing.
It was suggested by the Assistant Solicitor General that Section 174 of the Code of Criminal Procedure could be amended to include cases of missing persons, so that an enquiry in man missing cases shall also be conducted under the said provision. Eleven questions were put to the Union Ministry of Law and Justice, the Home Department of the State and Director General of Police. Firstly, is there any provision with regard to man missing cases in the Indian Penal Code? Secondly, if not in the Indian Penal Code, is there any other provision in any other Act? Thirdly,why not the Central Government amend Section 174 of the Code of Criminal Procedure to include the "man missing case" also within the scope of Section 174 of the Code of Criminal Procedure? Fourthly, when would there be the amendment to the said provision? Fifthly, how many cases of man missing have been filed in Tamil Nadu and across India and how many have been found or rescued? How many of those cases have been disposed and what is the rate of conviction? Lastly, how many CSRs have been issued so far in Tamil Nadu for the past ten years and how many of them have been closed after the enquiry and how many complaints have been transferred as FIRs after issuing CSRs and conducting enquiry?
In the instant case it was noticed that though the complaint has been received on 14.02.2019, till date, FIR has not been registered till date. Additionally, it was shocking to note that young girls especially minors are eloping with married persons/aged person.
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