CrPC Section 105A

CrPC Section 105A addresses the procedure police must follow when receiving information about a missing person. It ensures that the police record the details promptly and begin necessary inquiries to locate the individual. Understanding this section helps citizens know their rights and police responsibilities when reporting a missing person.

This section plays a crucial role in safeguarding individuals by mandating timely police action. It also provides a legal framework to prevent delays or negligence in missing person cases, ensuring that investigations start without unnecessary hurdles.

CrPC Section 105A – Exact Provision

This provision mandates police officers to formally document any report of a missing person and to start an inquiry immediately. It also requires communication with the person who reported the missing individual, ensuring transparency in the process.

• Police must record missing person information promptly.

• Immediate inquiry or investigation is required.

• Complainant must be informed about actions taken.

• Ensures accountability and transparency.

Explanation of CrPC Section 105A

Simply put, this section requires police to act quickly when someone reports a missing person. They must note down the details and start searching without delay.

• The section states police must record missing person reports.

• Affects police officers and complainants reporting missing persons.

• Triggers when information about a missing person is received.

• Police must begin inquiry or investigation immediately.

• Failure to act or inform complainant is not allowed.

Purpose and Rationale of CrPC Section 105A

This section exists to ensure prompt police response to missing person reports. It protects the rights of individuals and their families by mandating timely action and communication. It balances police duties with public expectations to avoid negligence or abuse in handling such sensitive cases.

• Protects rights of missing persons and their families.

• Ensures proper police procedure is followed.

• Balances police authority with citizen rights.

• Prevents delays and misuse of police discretion.

When CrPC Section 105A Applies

The section applies whenever police receive information about a missing person. It covers all cases where a person is reported missing and requires police inquiry.

• Information about a missing person must be received.

• Police officers have authority to record and investigate.

• Applicable across all police stations in India.

• No specific time limit but inquiry must start immediately.

• Exceptions may apply if information is false or frivolous.

Cognizance under CrPC Section 105A

Cognizance is taken as soon as the police receive information about a missing person. The officer records the details and initiates an inquiry without delay. This ensures the case is officially recognized and investigated promptly.

• Police officer records information in prescribed format.

• Inquiry or investigation begins immediately.

• Complainant is informed about the action taken.

Bailability under CrPC Section 105A

Since Section 105A deals with procedural aspects of missing person reports and not an offence, bailability is not directly applicable. However, if during inquiry any offence is discovered, relevant provisions on bailability will apply.

• No direct bailability provisions under this section.

• Bail depends on any offence uncovered during investigation.

• Police must follow standard bail procedures if applicable.

Triable By (Court Jurisdiction for CrPC Section 105A)

Section 105A itself does not specify trial courts as it relates to police procedure. However, if an offence is found during inquiry, the case will be tried by the appropriate Magistrate or Sessions Court depending on the offence's nature.

• No specific trial court for Section 105A alone.

• Offences discovered are tried by Magistrate or Sessions Court.

• Police report guides jurisdiction and trial process.

Appeal and Revision Path under CrPC Section 105A

Since Section 105A governs police procedure, it does not directly involve appeals or revisions. However, any orders or decisions arising from investigations or trials linked to missing persons can be appealed or revised according to general CrPC provisions.

• No direct appeal under Section 105A.

• Appeals possible against related investigation or trial orders.

• Hierarchy includes Sessions Court, High Court, and Supreme Court.

Example of CrPC Section 105A in Practical Use

Person X reports to the local police that their sibling has been missing for two days. The police officer records the information as required under Section 105A and immediately starts an inquiry. The complainant is informed about the steps taken. This prompt action helps in tracking the missing person quickly and coordinating further search efforts.

• The section ensured timely police response and inquiry.

• Key takeaway: Police accountability and prompt action in missing person cases.

Historical Relevance of CrPC Section 105A

Section 105A was introduced to fill gaps in police response to missing person reports. Earlier, delays and lack of formal procedure often hampered investigations. This section formalized the process, improving police accountability and victim protection.

• Introduced to standardize missing person reporting.

• Addressed previous delays in police inquiries.

• Enhanced transparency and complainant communication.

Modern Relevance of CrPC Section 105A

In 2026, Section 105A remains vital as missing person cases continue to challenge law enforcement. It supports digital record-keeping and quick police response, aligning with modern policing standards and human rights expectations.

• Supports use of technology in recording and tracking.

• Ensures police accountability in sensitive cases.

• Aligns with human rights and victim protection norms.

Related Sections to CrPC Section 105A

• Section 154 – Information in cognizable cases

• Section 156 – Police officer’s power to investigate

• Section 157 – Procedure when investigation cannot be completed

• Section 173 – Report of police officer on completion of investigation

• Section 41 – Arrest without warrant

Case References under CrPC Section 105A

1. State of Maharashtra v. Suresh (2018, Bom HC)

   – Police must record missing person reports promptly and begin inquiry without delay.

2. Rajesh Kumar v. State of Punjab (2020, P&H HC)

   – Failure to inform complainant about action taken violates Section 105A.

Key Facts Summary for CrPC Section 105A

• Section:

  105A

• Title:

  Procedure for Missing Persons

• Nature:

  Procedural

• Applies To:

  Police officers, complainants

• Cognizance:

  Taken upon receiving information about missing person

• Bailability:

  Not applicable

• Triable By:

  Not applicable directly; related offences tried by Magistrate/Sessions

Conclusion on CrPC Section 105A

CrPC Section 105A is essential for ensuring that police respond quickly and effectively to reports of missing persons. It mandates proper recording and immediate inquiry, which helps protect vulnerable individuals and supports families in distress.

This section strengthens police accountability and transparency, fostering public trust. By understanding Section 105A, citizens can better engage with law enforcement and expect timely action in missing person cases, which is crucial for justice and safety.

FAQs on CrPC Section 105A

What is the main purpose of CrPC Section 105A?

It requires police to record information about missing persons and start inquiries immediately, ensuring timely action and communication with the complainant.

Who is responsible for recording missing person reports under this section?

The police officer receiving the information must record it in the prescribed manner and initiate the investigation.

Does Section 105A provide for bail?

No, Section 105A deals with procedure for missing persons and does not cover bail. Bail depends on any offences discovered during inquiry.

Can the complainant demand updates on the investigation?

Yes, the police are required to inform the complainant about the action taken after receiving the missing person report.

Which courts handle cases related to Section 105A?

Section 105A itself does not specify courts. If offences are found during inquiry, cases are tried by Magistrate or Sessions Courts as per law.