Allahabad HC flags police non-compliance with BNSS videography mandate

The Allahabad High Court has flagged police non-compliance with Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which mandates audio-video recording of search and seizure proceedings. A bench of Justice…

The Allahabad High Court has flagged police non-compliance with Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which mandates audio-video recording of search and seizure proceedings. A bench of Justice Rajeev Bharti made the observation while granting interim anticipatory bail to four accused in a cow slaughter case registered at Gosaiganj Police Station, Sultanpur.

Allahabad HC flags police non-compliance with BNSS videography mandate

The court noted that despite the UP DGP issuing a circular on July 21, 2025, reiterating the mandate, the requirement was "practically not implemented". The bench remarked it could not understand why compliance with such a simple statutory requirement was difficult for police authorities. The accused claimed false implication, had no criminal history, and a co-accused had already been granted interim bail.

The court granted interim anticipatory bail under Section 482 BNSS until the next hearing or filing of the chargesheet, whichever is earlier. The accused must cooperate with the investigation and cannot leave India without permission.

Indian Opinion Analysis

Section 105 BNSS is a key reform meant to curb evidence tampering and false recovery claims during searches, a persistent problem in criminal investigations. The Allahabad High Court's rebuke suggests systemic failure by the UP police to implement a rule that was designed to be routine. The DGP's July circular shows the top brass issued the directive, but ground-level compliance remains absent. The next hearing will test whether the court escalates the issue, possibly summoning a senior police officer to explain the gap between circular and practice.


Source: livelaw.in

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