Prayagraj, September 17 (TNA) The Allahabad High Court has directed the Director General of Police (DGP), Uttar Pradesh, to consider making the audio-video recording of witness statements under Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) mandatory in all criminal cases.
The court said the measure would make criminal investigations more transparent and fair. It also observed that audio-video recordings could assist courts while considering bail applications and during other judicial proceedings.
What the court said
Section 180(3) of the BNSS permits investigating officers to record witness statements through audio-video electronic means. The court noted that Rule 20(1) of the BNSS Rules, 2024, also provides for such recording.
The High Court further observed that a circular issued by the UP DGP in 2025 had made audio-video recording compulsory in cases involving rape victims, while leaving it optional in other criminal cases. Against this backdrop, the court asked the DGP to examine the possibility of extending the requirement to all statements recorded under Section 180.
The direction was issued in Smt Chandrakanta v. State of Uttar Pradesh by Justice Arun Kumar Singh. The court also asked the DGP to inform investigating officers about the guidelines so that the real offenders are brought to justice and innocent people are not harassed because of faulty investigations.
Directions for investigation
The High Court emphasised that investigating officers should reach the scene of a cognisable offence without delay and record the statements of the first informant and other witnesses as soon as possible.
It said audio-video recordings should preferably be made through the E-Sakshya application and should be made available to the concerned court whenever required. Investigating officers were also advised to record statements of independent witnesses to help establish the facts of the case.
In cases involving rape or sexual assault, the court directed that the victim’s statement should be recorded at her residence or another place of her convenience by a woman police officer.
Focus on fair investigation
The court’s observations are aimed at reducing discrepancies in police statements and improving the reliability of criminal investigations. Audio-video documentation could provide courts with a contemporaneous record of the witness’s account and help them assess whether the statement was recorded voluntarily and accurately.
The direction follows an earlier Allahabad High Court ruling that police officers must record a witness’s version in the witness’s own language and must not put inculpatory or leading questions, except when seeking necessary clarification.