In a significant order highlighting systemic lapses, the Allahabad High Court has come down heavily on the Uttar Pradesh Police for failing to mandatorily record audio-video evidence during search and seizure operations. The court has directed the state's Director General of Police (DGP) to issue a detailed Standard Operating Procedure (SOP) to ensure strict compliance with the law.
Bail Granted Amidst Procedural Flaws
Justice Arun Kumar Singh Deshwal passed these directives on January 7, 2026, while granting bail to an accused in a motorcycle theft case. The prosecution had alleged the recovery of 40 motorcycles from the joint possession of the applicant and a co-accused. However, the court noted a critical flaw: the police had completely failed to conduct the mandatory videography of the recovery process.
"It is clear that police has not conducted any videography of the recovery of motor cycles from the applicant or preparation of list of seized motor cycles, though, same is mandatory as per Section 105 of BNSS," the court observed. It emphasized that uploading this videography on the E-Sakshya portal is also a necessary step that was ignored.
Court Laments Benefit to Criminals
The bench expressed serious concern that such negligence is not an isolated incident but a recurring problem. The court lamented that this lapse directly benefits the accused during bail hearings and trials.
"This court came across number of cases where independent witness could not be found regarding recovery of any article and even then audio video recording... was not conducted by the police which gives benefit to the criminals during bail as well as trial," the order stated. The absence of this crucial electronic evidence, the court held, shows "negligence and arbitrariness" by the police and casts doubt on the prosecution's version of events.
Mandate of the Law and the Missing SOP
The court detailed the legal framework that makes such recording compulsory. Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), Rule 18 of the Uttar Pradesh Bharatiya Nagarik Suraksha Rules, 2024, and a DGP circular dated July 21, 2025 all mandate audio-video recording when police conduct a search or take possession of any property.
Despite these clear provisions, the court found that a comprehensive SOP required under Rule 18(5) has not been issued by the DGP in coordination with the National Crime Records Bureau (NCRB). This gap leaves room for inconsistent implementation.
Stringent Directives Issued
To remedy this, the High Court issued firm directions:
- The Uttar Pradesh DGP must frame a detailed SOP for mandatory audio-video recording of all search and seizure operations through the e-Sakshya portal.
- A warning must be issued stating that failure to comply with Section 105 BNSS and Rule 18 may invite disciplinary action against the erring police officers.
While granting bail to the applicant, the court considered the nature of the offence, the evidence on record, the accused's complicity, and the fact that the chargesheet had already been filed, eliminating the need for custodial interrogation. The co-accused in the case had also already been granted bail by a coordinate bench.
This order underscores the judiciary's push for transparency and procedural integrity in police investigations, ensuring that the rights of the accused are protected and that evidence collected is robust and admissible.
