Ensure audio-video recording ofsearches, seizures: HC to DGP
PRAYAGRAJ, Jan. 7 -- The Allahabad high court has directed the Uttar Pradesh director general of police (DGP) to issue standard operating procedure (SOP) for mandatory audio-video recording of all police searches and seizures and preparation of seizure lists on the e-Sakshya portal or through mobile phones.
Justice Arun Kumar Singh Deshwal passed the order on Monday while allowing the bail plea of Shadab, an accused in a theft case involving the alleged recovery of 40 motorcycles.
The court noted that the police had failed to record the search and seizure process as mandated under Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Rule 18 of the UP BNSS Rules, 2024.
Observing that failure to comply with this legal requirement undermines prosecution cases, the court warned it could lead to disciplinary action against erring officers.
Justice Deshwal said the provision for audio-video recording through the e-Sakshya app or other electronic means was enacted specifically to protect innocent persons from wrongful implication and to create foolproof evidence for trial.
The court held that non-compliance "creates a doubt over the entire prosecution story" and shows "not only negligence but arbitrariness on the part of police."
The court pointed out that while the DGP had issued a circular on July 21, 2025, regarding the mandatory nature of such recordings, a detailed SOP as required by law was still pending. The court has now mandated the DGP to issue this SOP in coordination with the National Crime Records Bureau (NCRB).
The court further directed the DGP to issue directions stating that failure to comply with Section 105 BNSS may attract disciplinary proceedings.
The court reasoned that strict enforcement is necessary to safeguard the innocent and ensure evidence withstands judicial scrutiny....
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