Taking a firm stance against routine investigative lapses, the Allahabad High Court has directed the Uttar Pradesh Director General of Police (DGP) to examine making audio-video electronic recording strictly mandatory for all witness statements captured under Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Presiding over the proceedings, Justice Arun Kumar Singh Deswal underscored that universalizing digital electronic recordings during the evidentiary stage will introduce much-needed procedural transparency, curtail deliberate police fabrication, and ensure that criminal investigations across the state remain untainted, objective, and legally sound.

Investigating Officer Apologizes in Agra Dowry Case Hearing

The High Court issued these crucial directions during the bail hearing of an applicant named Chandrakant, originating from a dowry dispute in Agra district. When queried directly by the bench regarding case compliance, the appearing Investigating Officer admitted under oath that he had failed to document the first informant's statement via audio-video electronic means under statutory provisions. Confronted with the UP DGP’s administrative circulars dated July 21, 2025, and August 4, 2026, the police officer tendered an unconditional apology, prompting the bench to express serious institutional alarm over how investigating officers persistently bypass existing recording guidelines.

Closing the Discretionary Loophole to Protect the Innocent

Reviewing current policing directives, the court observed that while Circular No. 24/2025 mandated compulsory video recording for statements given by rape survivors, it left recording of general witness testimonies entirely optional. Justice Deswal highlighted that rogue investigators routinely exploit this optional loophole to draft fabricated statements sitting inside police stations or blatantly mirror the original FIR text without actually examining witnesses. Emphasizing that modern investigative technology must protect the innocent from malicious prosecution while firmly convicting real offenders, the High Court instructed the DGP to review the existing framework, consider issuing binding orders making digital recording non-negotiable under Section 180 BNSS, and circulate the compliance directives across every police jurisdiction in Uttar Pradesh.