Allahabad High Court Orders Mandatory Audio-Video Recording of Witness Statements
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In a landmark judicial ruling aimed at eliminating arbitrary police practices and ensuring investigation transparency, the Allahabad High Court has directed that the audio-video recording of witness statements during criminal investigations must be made mandatory across Uttar Pradesh. Presiding over a single-judge bench, Justice Arun Kumar Singh Deswal passed the historic order while granting bail to Chandrakanta, an elderly mother-in-law from Agra who had been incarcerated since May 18, 2026, under various sections of the Bharatiya Nyaya Sanhita (BNS) and the Dowry Prohibition Act at Basoni police station. Pointing out stark contradictions between the original First Information Report (FIR) and the Section 180 Bharatiya Nagarik Suraksha Sanhita (BNSS) witness statements without concrete evidence of dowry harassment, the High Court emphasized that digital documentation is imperative to ensure fairness, curb fabricated testimony, and assist courts in determining bail and trial proceedings.
High Court Pulls Up Investigating Officer, Slams Misuse of DGP's 'Optional' Circular
The court severely reprimanded the investigating officer, Assistant Commissioner of Police (ACP) Anil Kumar, after he failed to provide a valid reason and offered an apology for not recording the complainant’s Section 180 BNSS statement electronically. Justice Deswal highlighted that investigating officers across the state routinely exploit ambiguities in the Director General of Police (DGP) circulars—which mandated digital recordings solely for sexual assault survivors while leaving other offenses optional—to evade digital oversight, frequently fabricating or copying witness statements verbatim from the initial complaint. Condemning this systemic loophole, the bench instructed the Registrar (Compliance) to serve a copy of the binding directive directly to the DGP to ensure uniform compliance by every police officer and investigating agency across Uttar Pradesh.
High Court Lays Down 7-Point Investigation Protocol Under BNSS Framework
To streamline criminal investigations and uphold procedural integrity, the High Court issued a binding seven-point directive governing all statutory inquiries: First, upon receipt of cognizable offense information, investigating officers must visit the crime scene immediately and record informant and witness statements without administrative delay; second, mandatory audio-video recordings must be captured through the designated e-Evidence mobile application, covering both the complainant and independent witnesses; third, statements of rape survivors must be recorded exclusively by female officers at the victim's residence, followed by a mandatory medical examination within 24 hours; fourth, in all offenses carrying a prison sentence of 10 years or more, witness statements must be formally recorded before a judicial magistrate under Section 183(6) BNSS; fifth, in cyber and pornographic video offenses, electronic handsets must be seized, dispatched to Forensic Science Laboratories (FSL), and cross-verified with cyber cell experts; sixth, Call Detail Records (CDRs) must be retrieved whenever geo-locations and conversations hold evidentiary relevance; and seventh, strict test identification parades (TIP) for accused persons and recovered property must be carried out in compliance with Paragraphs 116–117 of UP Police Regulations.
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