The Allahabad High Court has asked the Uttar Pradesh Director General of Police (DGP) to consider making audio-video recording of witness statements compulsory in all criminal cases, saying the practice could bring greater transparency and fairness to police investigations.
The court said the recordings should preferably be made using the E-Sakshya App and should be supplied to the concerned court whenever required. In cases where a victim does not know the accused but is capable of identifying the person, the court said a test identification parade should be conducted in accordance with the Uttar Pradesh Police Regulations. Police officers investigating a cognisable offence should reach the crime scene without unnecessary delay and record the statements of the first informant and other witnesses promptly.
Justice Arun Kumar Singh Deshwal issued the direction on September 15 while hearing a bail plea in a dowry death case from Agra. During the proceedings, the investigating officer told the court that the statement of the first informant had been recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), but no audio-video recording had been made. With the victim’s consent, she should also be taken for a medical examination within 24 hours of the police receiving information about the offence.
The High Court said it had encountered several cases in which investigating officers had not used audio-video recording while taking witness statements. It said the statement of a victim should be recorded by a woman police officer at her residence or another place of her choice. The court observed that making the facility optional appeared to have resulted in its misuse, with some officers avoiding recordings to guard against allegations that they had prepared witness statements themselves by reproducing the contents of the FIR. Alongside this direction, the court issued several guidelines for investigating officers aimed at improving the manner in which criminal cases are investigated. The court issued specific directions for rape and sexual assault cases as well.
