The Allahabad High Court has asked the Director General of Police (DGP), Uttar Pradesh, to consider making audio-video recording of witness statements under Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) mandatory in all criminal cases.
Justice Arun Kumar Singh Deshwal made the observation while hearing a bail application in a dowry death case, where the Agra Police had not recorded the statement of the first informant through audio-video means.
The Court noted that Section 180(3) BNSS permits investigating officers to record witness statements through audio-video electronic means. It observed that, in several cases, investigating officers had opted not to use the facility, apparently to avoid allegations that the statements had been authored by them.
The Court also noted that the DGP had issued a circular in July 2025 making audio-video recording mandatory for statements of rape victims, while leaving recording of statements in other cases optional.
The Court urged the UP DGP to evaluate making digital recordings of witness statements under Section 180 BNSS compulsory. Emphasizing that this measure would enhance the fairness of investigations, the Bench added that video evidence would prove valuable during bail applications and other judicial determinations.
The Court stressed that investigating officers must conduct investigations fairly and ensure that evidence is collected to identify the actual offender. It observed that criminal proceedings should not themselves become a means of harassing innocent persons.
The Court directed investigating officers to promptly reach the scene of a cognizable offence and record the statements of the first informant and other witnesses without unnecessary delay. Audio-video recordings should preferably be made through the e-Sakshya App and made available to the concerned court whenever required. Investigators were also directed to make efforts to record statements of independent witnesses to ascertain the facts of the incident.
In rape and sexual assault cases, the Court directed that the victim’s statement should be recorded at her residence or another place of her choice by a woman police officer. With her consent, she should be sent for medical examination within 24 hours of the information being received. In offences punishable with imprisonment of 10 years or more, as well as rape and sexual assault cases, the victim should be produced before a Magistrate for recording her statement at the earliest.
The Court further directed that, in cases involving alleged obscene videos, investigators should seize the accused’s mobile phone and, where necessary, send it to the forensic science laboratory for data retrieval. The assistance of the Cyber Cell and FSL should also be taken where an obscene video is allegedly circulated.
Where the location of an accused or another relevant person, or their communications, is material to the investigation, investigators should collect the relevant Call Detail Records. Where a victim or witness does not know the accused but claims to be able to recognise them, a test identification parade should be conducted in accordance with the procedure prescribed under the UP Police Regulations.
The Court also directed that identification of recovered property should be conducted as prescribed under the UP Police Regulations, including by mixing the recovered articles with other items of a similar nature before the identification process.
The Court directed the DGP to communicate these guidelines to investigating officers to ensure fair and transparent investigations and prevent innocent persons from being subjected to unnecessary harassment.
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