The issue of missing persons in India is a serious and ongoing problem. According to statistics from the National Crime Records Bureau (NCRB), there were over 3 lakh missing person cases reported in 2020 alone. However, activists have pointed out that the actual number of missing persons is likely much higher, as many cases go unreported, especially when the missing person belongs to vulnerable sections of society.
A key legal provision that can aid investigations into missing persons cases is the production order under Section 91 of the Code of Criminal Procedure (CrPC). A production order allows investigating officers to summon persons or documents that may provide evidence or clues that could help trace the missing individual. However, statistics show that production orders are utilized in only a fraction of missing persons cases.
As per data tabled in the Lok Sabha in 2021, only 422 production orders were issued by police across India between 2018-2020 in relation to missing persons cases lodged under Section 366 of the IPC that relates to kidnapping. This figure constitutes just 0.06% of the over 6.5 lakh missing persons complaints filed nationally during the same period.
Activists working on the issue have highlighted several factors for the low implementation of production orders:
Lack of awareness among police: Many police officials are not fully aware of the scope and procedures for applying production orders under Section 91 CrPC. There is a need for training programs to build capabilities.
Complex procedures: The process for obtaining production orders can often get delayed in red tape. The application has to be submitted to a judicial magistrate and awaiting the court order can take time. Simplifying the procedures could help expedite matters.
Reluctance due to pressure: In sensitive cases, especially relating to missing children or women, there is often political or institutional pressure on the police. This deters investigating officials from pursuing production orders for fear of displeasing powerful entities.
Resource challenges: Production orders need to be backed by requisite staff and infrastructure to follow up leads, examine produced evidence, and take the probe forward. Lack of adequate resources poses a challenge.
Limited use in inter-state cases: Production orders can only be applied within the jurisdiction of the police station or court. This poses limitations in cases where missing persons may have been transported across state borders.
Activists have put forth several recommendations to address the gaps:
- Training programs for police officials across all states on use of production orders
- Amendments to streamline the procedure for applying production orders within CrPC
- Measures to insulate police officials from undue pressure in sensitive cases
- Special investigation cells dedicated to missing persons cases, adequately resourced with staff and technology
- Mechanisms for cooperation between police of different states for inter-state missing cases
- Leveraging of digital databases and analysis tools to identify patterns and clues that warrant production orders
The low utilization of production orders represents a lost opportunity for investigators and denies families of missing persons a potential valuable tool in the search for their loved ones. A concerted effort is required to remove the barriers and facilitate a higher implementation of production orders in missing persons cases across the country. This could provide a major boost to tracing missing people and resolving the endless agony faced by their kin.
