The Allahabad High Court has directed the Uttar Pradesh Director General of Police (DGP) to consider implementing mandatory audio-video recordings of witness statements in all criminal cases. This recommendation aims to enhance transparency and fairness in police investigations. By adopting this practice, the court believes that the integrity of witness testimonies can be better preserved, potentially leading to more just outcomes in legal proceedings.
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. 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.
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 High Court said it had encountered several cases in which investigating officers had not used audio-video recording while taking witness statements. 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.
New Court Guidelines for Victims of Sexual Assault
The court has announced new guidelines aimed at improving the handling of rape and sexual assault cases. Under these directives, a victim’s statement must be taken by a female police officer, either at the victim’s home or another location of her preference. Additionally, with the victim’s consent, a medical examination should be conducted within 24 hours after the police are informed of the incident.
