The Allahabad High Court has issued a significant directive to the Director General of Police (DGP) of Uttar Pradesh, recommending the compulsory use of audio-video recording for witness statements in all criminal cases. This directive arises from the need to improve the transparency and fairness of investigations, as highlighted in the case of Smt Chandrakanta v. State of UP.
Justice Deshwal’s Observations
Justice Arun Kumar Singh Deshwal, presiding over the matter, noted the prevalent issue wherein investigating officers frequently avoid recording statements via audio-video to circumvent potential allegations of fabricating witness accounts. Section 180(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) allows such recordings, yet their implementation remains inconsistent outside of specific cases such as rape, where a circular from July 2025 mandates these recordings.
The Court expressed concern over the optional nature of audio-video recordings, pointing out that this discretion is often misused, leading to compromised investigations. Justice Deshwal emphasized that making these recordings mandatory could enhance the integrity of the judicial process, particularly during bail applications and other proceedings.
Context of the Directive
The directive emerged during the adjudication of a bail application related to a dowry death case, where the Agra Police had neglected to record the first informant’s statement through audio-video means. The Court underscored the necessity of digital recordings in cases prone to false accusations, such as dowry demands, dowry deaths, and cases under the Protection of Children from Sexual Offences (POCSO) Act and SC/ST Act.
Guidelines for Improving Investigations
To bolster the investigation process, the Court laid out several key directives:
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- Immediate recording of witness statements, including audio-video documentation using the E-Sakshya App, to be made available to the court upon request.
- Efforts to involve independent witnesses to ascertain the facts of the incident.
- Special procedures for recording victims’ statements in rape and sexual assault cases, prioritizing the victim’s comfort and consent for medical examinations.
- Prompt magistrate involvement for recording victim statements where offences involve severe penalties.
- Collection and forensic examination of digital evidence in cases involving obscene videos.
- Retrieval and analysis of mobile phone call detail records when relevant to the case.
- Conducting test identification parades in accordance with UP Police Regulation procedures.
- Proper procedures for identification of recovered property as per UP Police Regulation guidelines.
The High Court instructed the DGP to disseminate these guidelines among investigating officers to ensure justice is served and innocent individuals are protected from undue harassment.
Advocate Himanshu Mishra represented the petitioner, while Advocate Virendra Kumar Srivastava appeared for the complainant. Additional Government Advocate DPS Chauhan represented the State. The detailed order can be accessed for further reference.
