Allahabad HC: Mandatory Audio-Video Witness Statements Under BNSS

• The Allahabad High Court has directed the DGP Uttar Pradesh to consider mandating audio-video recording of witness statements in all criminal cases.
• This directive applies to statements taken under Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Justice Arun Kumar Singh Deshwal noted that investigating officers often avoid such recordings to prevent allegations of statement authorship.
• The court found that the current optional provision for audio-video statements was being misused by officers.
• The goal is to enhance investigation transparency, fairness, and assist courts in bail applications and other judicial proceedings.

By potentially making audio-video recording of witness statements mandatory under BNSS Section 180, the court anticipates a significant improvement in the quality and credibility of evidence.

The Allahabad High Court has issued a significant directive to the Director General of Police (DGP) of Uttar Pradesh, urging a review of current practices regarding witness statements. In a ruling stemming from the case of Smt Chandrakanta v. State of UP, the court has specifically called for the DGP to consider making the audio-video recording of witness statements mandatory across all criminal cases. This directive pertains to statements collected under Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Justice Arun Kumar Singh Deshwal, presiding over the matter, emphasized the necessity of this measure to enhance the integrity and transparency of criminal investigations. The court's instruction aims to address observed shortcomings in how witness testimonies are currently documented by law enforcement agencies throughout the state.

The High Court's directive was prompted by recurring issues identified in numerous cases, where investigating officers (IOs) appeared to deliberately avoid audio-video recording of witness statements. Justice Deshwal noted that this practice was often employed by officers to circumvent potential accusations that they themselves had fabricated or influenced the content of these statements. The court found that the existing optional provision for such recordings was being widely misused.

This pattern of avoidance undermined the reliability of evidence and raised concerns about the fairness of investigative procedures. The judiciary's intervention seeks to close this loophole, ensuring that the process of recording witness accounts is conducted in a manner that leaves less room for doubt or manipulation.

Under the current legal framework, Section 180(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) stipulates that an investigating officer *may* utilize audio-video electronic means to record witness statements. This discretionary language has allowed for the optional approach that the High Court now seeks to reform. The court's observations highlight a critical distinction between what is permissible and what is truly conducive to justice.

It was also noted that the DGP Uttar Pradesh had previously issued a circular in July 2025, which mandated the audio-video recording of statements specifically from rape victims. However, for all other categories of criminal cases, the preparation of audio-video recordings of witness statements remained optional, a provision the court has now identified as problematic due to its misuse by investigating officers.

The Allahabad High Court's explicit instruction to the DGP Uttar Pradesh underscores a commitment to fostering greater transparency and fairness within the criminal justice system. By potentially making audio-video recording of witness statements mandatory under BNSS Section 180, the court anticipates a significant improvement in the quality and credibility of evidence. This measure is expected to be invaluable for judicial proceedings, particularly in aiding courts when deliberating bail applications and other critical legal matters.

The observations were made during the adjudication of a bail application related to a dowry death case, which involved the Agra Police. This context further illustrates the practical implications of the directive, suggesting that such mandatory recordings could provide clearer, more objective accounts of events, thereby assisting judges in making more informed decisions and reducing the scope for procedural irregularities.

Criminal defense lawyers and prosecutors in Uttar Pradesh should closely monitor the DGP's response to this directive. If implemented, mandatory audio-video recording of witness statements under BNSS Section 180 will significantly impact evidence collection, investigation transparency, and strategies for challenging police procedures or arguing bail applications, potentially providing new grounds for legal challenges.

Source: Original reporting via legal news outlets.