Justice Khastgir FIR Criminal Investigation audio-visual recording of scene of crime

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Audio-Visual Recording in Criminal Investigation: Legal Overview and Practical Application

1. Introduction

Audio-visual (AV) recording of investigative procedures is a significant reform in India's criminal justice system, aimed at promoting transparency, accountability, and the integrity of evidence. Justice Khastgir, in his authoritative commentary on criminal law, underscores the importance of incorporating modern technology in investigation processes to uphold constitutional safeguards and procedural fairness.

2. Legal Provisions under BNSS, 2023

The Bharatiya Nyaya Suraksha Sanhita (BNSS), 2023, which replaces the Code of Criminal Procedure (CrPC), introduces mandatory and optional AV recording at various stages of investigation:

Clause 105 – Search and Seizure

• Mandates that searches and seizures be recorded using audio-video devices, preferably mobile phones.

• The preparation of seizure memos, reading them aloud, and obtaining witness signatures must be captured.

• Objective: Deter fabrication of evidence and uphold transparency.

Clause 176(1) – Recording of Statements

• Allows optional AV recording of statements made by witnesses or the accused during investigation.

• Aims to prevent coercion or custodial violence, and ensure statements are freely and voluntarily given.

Clause 185 – Recording of Police Actions

• Reiterates the requirement for audio-video recording during police searches or operations.

• Encourages real-time documentation, reducing the scope for procedural misconduct.

3. Judicial Interpretation and Commentary (Justice Khastgir)

In Justice Khastgir’s Criminal Major Acts, the need for AV recording is emphasized as a safeguard under Article 21 (Right to Life and Personal Liberty). He notes:

• AV recordings help establish the authenticity of police claims.

• Serve as contemporaneous records admissible under the Indian Evidence Act, especially under Section 65B (Electronic Records).

• Reduce dependency on oral testimonies which may be unreliable or retracted.

4. Standard Operating Procedures (SOPs) by BPRD

The Bureau of Police Research and Development (BPRD) has issued an SOP for AV recording at crime scenes. Key directives include:

• Use mobile phones, body cams, or handy recorders.

• Ensure recordings are unedited, clearly show the entire scene, and are stored securely.

• Maintain chain of custody for digital files.

5. Practical Implementation

Various AV tools recommended for field use include:

6. Significance in Legal Proceedings

• Enhances evidentiary value of collected material.

• Facilitates speedier trials by reducing procedural disputes.

• Acts as a check on police power, ensuring compliance with human rights standards.

7. Conclusion

The integration of audio-visual technology into criminal investigations, as outlined in BNSS 2023 and explained in Justice Khastgir’s legal commentaries, represents a critical evolution in Indian criminal jurisprudence. It aligns the system with global best practices and strengthens the citizen's trust in justice delivery.