42.2. Whereas, Sec�on 362 of the Penal Code of Malaysia provides that: “Abduc�on 362. Whoever by force compels or by any decei�ul means induces any person to go from any place, is said to abduct that person.” 42.3. 43. There is no express defini�on of a ‘missing person’ but generally speaking, when someone has not been seen, heard of, or heard from for a period of �me without any news of his/her whereabouts or whether he/she is s�ll alive, he/she is said to be a missing person. Cases where there appears to be no criminal elements involved are usually categorised as missing persons. It is essen�al that the State conduct inves�ga�ons promptly and provide evidence and explana�ons to the family of the disappeared person. This duty is embedded in the right of the family to know the truth regarding what has happened to their loved one. The right extends to the members of the family insofar as it is a viola�on of mental and moral integrity of the next of kin which is a direct consequence of the enforced disappearance. This was highlighted in the case of Bamaca-Velazquez v Guatemala 16 where the Inter-American Court of Human Rights held: "197. In this respect, the Commission declared that the right to the truth has a collec�ve nature, which includes the right of society to "have access to essen�al informa�on for the development of democra�c systems", and a par�cular nature, as the right of the vic�ms' next of kin to know what happened to their loved ones, which permits a form of repara�on. The InterAmerican Court has established the obliga�on of the State to inves�gate the facts while there is uncertainty about the fate of 16 IACHR Series C No 70 (Official Cita�on) [2000] IACHR7 (Other Reference) IHRL 1453 (IACHR 2000) (OUP reference); IACHR Series C No 91 (Official Cita�on) [2002] IACHR 1 (Other Reference) IHRL 1474 (IACHR 2002) (OUP reference) 93 AMRI CHE MAT 3.(1) Whoever, with intent to hold any person for ransom, abducts or wrongfully confines or wrongfully restrains such person shall be guilty of an offence and shall be punished on convic�on with death or imprisonment for life and shall, if he is not sentenced to death, also be liable to whipping.”