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.
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.
The officer later tendered an unconditional apology after the court raised the issue.
Section 180(3) of the BNSS permits an investigating officer to record witness statements through audio-video electronic means. The provision is also covered by Rule 20(1) of the BNSS Rules, 2024.
The court referred to circulars issued by the Uttar Pradesh DGP on July 21, 2025, and August 4, 2026, concerning the audio-video recording of statements during investigations.
According to the court’s observations, the July 2025 circular made such recording compulsory in cases involving statements of rape victims, while keeping it optional for other statements recorded under Section 180 of the BNSS.
The High Court said it had encountered several cases in which investigating officers had not used audio-video recording while taking witness statements.
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.
The court has therefore asked the DGP to consider extending the mandatory audio-video recording requirement to statements recorded under Section 180 of the BNSS in all cases.
The High Court said recorded statements could improve the transparency of investigations and provide courts with additional material while dealing with bail pleas and other judicial proceedings.
Alongside this direction, the court issued several guidelines for investigating officers aimed at improving the manner in which criminal cases are investigated.
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. The court said the recordings should preferably be made using the E-Sakshya App and should be supplied to the concerned court whenever required.
Investigating officers were also asked to make efforts to record statements of independent witnesses wherever available, as their accounts could help establish the circumstances surrounding an offence.
The court issued specific directions for rape and sexual assault cases as well. It said the statement of a victim should be recorded by a woman police officer at her residence or another place of her choice. 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.
For offences carrying a punishment 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 as soon as the police become aware of the alleged offence.
The court also addressed investigations involving alleged circulation of obscene videos. In such cases, police should take possession of the accused’s mobile phone and, where necessary, send it to a forensic science laboratory for retrieval of relevant data. The Cyber Cell and forensic experts should also be involved where required.
Investigators were further directed to obtain call detail records when information about a person’s location or conversations between relevant individuals could help establish the facts of a case.
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.
The court also stressed that recovered articles should be subjected to the prescribed identification procedure, including placing them among similar articles during the identification process.
The High Court directed that these guidelines be communicated to investigating officers. It said proper adherence to investigative procedures was important to ensure that the actual offender is brought before the court while preventing innocent people from facing harassment because of lapses or shortcomings in an investigation.
