What legal steps should be taken if someone goes missing?

Usually, when a family member goes missing, people search for them by placing advertisements in newspapers, pasting posters on walls, shops, and houses. Announcements are even made over speakers at local mosques and madrasahs, and all relatives are contacted.

But these aren't the only things you can do if someone goes missing. Seeking help from law-enforcement can go a long way.

Therefore, if a family member goes missing, you should not delay in informing the relevant police station and filing a General Diary (GD).

FIR better than GD

If you suspect specific individuals are involved in the abduction of the missing person, it is better to directly file a First Information Report (FIR), rather than a GD. Filing an FIR means initiating a regular police case, which gives greater legal weight to the search for the missing person.

If ransom money is demanded for the missing person via mobile phone, letter, or any other means, you must immediately inform law enforcement. Under the rule of the country, law enforcement agencies are obliged to provide comprehensive assistance to you.

If the concerned police station refuses to record the FIR, you can file a Complaint Register (CR) case directly in court. In that case, you must mention the plausible reasons that might be behind the person's disappearance and the names and identities of the suspects.

It is advisable to take the help of a lawyer when filing an FIR at the police station or a CR case in court. This assistance will benefit you when the case proceeds to trial.

If someone doesn't know their own identity

On the other hand, sometimes police take custody of individuals who cannot state their own name or identity. The Judicial Magistrate Court has a separate Non-FIR branch. Individuals who are nameless, physically challenged, or mentally ill are often presented before the court via these branches. Therefore, inquiries can be made at these branches.

In the capital, you can also check the Victim Support Center (VSC) at Tejgaon Police Station. Most often, such individuals are sent to the VSC by court order.

In addition to filing a GD and a formal case, other steps can be taken to search for a missing person:

1. If any [Metropolitan Magistrate], Magistrate of the first class or [an Executive Magistrate] has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper. The court can order this search to find any suspected individual or detained person.
2. Under Section 7 of the Women and Children Repression Prevention Act, 2000, if any person abducts a woman or child (excluding offences mentioned in Sections 3 and 6 of the Prevention and Suppression of Human Trafficking Act, 2012), a case can be filed against that person in the Women and Children Repression Prevention Tribunal. If convicted, the offender may be sentenced to life imprisonment or rigorous imprisonment for a minimum of 14 years, along with a fine. The purpose of this section is to provide for punishment for crimes like abduction.
3. A writ petition can be filed under Article 102 of the Constitution of Bangladesh. Article 102 includes the Habeas Corpus writ, which is issued to verify the legality of the detention of an unlawfully detained person. Often, law enforcement agencies are directed by the court to produce the missing person. This writ petition can be filed for the recovery of a missing person.
4. According to The Penal Code, 1860, kidnapping and abduction are punishable offences. Their definitions and penalties are provided in Sections 359 to 374 of this act. Under this act, an FIR can be filed at the police station, or a CR case can be filed in court against individuals suspected of kidnapping or abducting the missing person.