Delhi High Court on Habeas Corpus Petition for Recovery of Missing Minor under POCSO Act.

The Delhi High Court disposed of a habeas corpus petition filed by a mother seeking the production of her missing 16-year-old daughter, allegedly abducted and sexually assaulted by the landlord. The Court recorded that the minor had been recovered, reunited with her mother, and had made a statement under Section 164 CrPC (Section 183 BNSS 2023) implicating the landlord for abduction and repeated rape. The Court directed the police to expedite efforts to apprehend the absconding accused and ensure the victim’s safety through appropriate protection measures, including recourse to the District Legal Services Authority and the Witness Protection Committee.

• The petitioner, a resident of Delhi, filed the present habeas corpus petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking immediate tracing and production of her minor daughter, suspected to be in the illegal custody of Respondent No.2, the landlord.

• Respondent No.2, Ashok Kumar, had been showing inappropriate interest in the petitioner’s family, particularly in her minor daughter aged about 16 years.

• On 25 July 2025, the petitioner discovered that her daughter was missing from home and suspected abduction by Ashok Kumar.

• Although a complaint was lodged with P.S. Kapashera, FIR No. 0315/2025 was registered against “unknown persons,” ignoring the petitioner’s specific allegations against the landlord.

• Despite repeated approaches, no effective steps were taken by the police to trace the girl, prompting the filing of this writ petition seeking intervention of the High Court.

• The State submitted a status report dated 10 October 2025 confirming that the minor had been recovered on 31 August 2025 and produced before the Child Welfare Committee (CWC), which directed that custody be restored to her mother.

• In her statement recorded under Section 164 CrPC (now Section 183 of the BNSS, 2023), the minor accused Ashok Kumar of forcibly taking her away and repeatedly raping her for nearly a month.

• The Court noted with concern that the accused was still absconding and directed the police to make every effort to apprehend him without further delay.

• The minor, present in Court, affirmed that she was 16 years old, had studied up to 9th Class, and wished to reside with her mother.

• Recognizing the petitioner’s apprehension of threat from the accused, the Court granted her liberty to approach the SHO, the Trial Court, or the District Legal Services Authority for necessary protection under the Witness Protection mechanism.

• The Trial Court was also directed to monitor the investigation’s progress to ensure effective prosecution.

The petition was disposed of as the missing girl had been recovered and reunited with her mother. The Court directed the police to expedite the arrest of the absconding accused, provide necessary protection to the victim and her family, and ensure continued monitoring of the investigation by the concerned Trial Court.

• Article 226, Constitution of India – Power of High Courts to issue writs, including habeas corpus.

• Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – Corresponding provision relating to transfer and jurisdiction of criminal cases.

• Section 164 CrPC / Section 183 BNSS, 2023 – Recording of confessions and statements before Magistrate.

• Protection of Children from Sexual Offences Act, 2012 (POCSO) – Penal provisions concerning sexual offences against minors.

Citation: 2025:DHC:75284

Case: XXXX v. State (NCT of Delhi) & Anr.

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Mr. Justice Vivek Chaudhary & Hon’ble Mr. Justice Manoj Jain