The Allahabad High Court has directed the Director General of Police (DGP), Uttar Pradesh, to issue a detailed Standard Operating Procedure (SOP) mandating audio-video recording of all police search and seizure operations and uploading of seizure memos on the E-Sakshya portal, in line with Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Rule 18 of the Uttar Pradesh BNSS Rules, 2024.
Justice Arun Kumar Singh Deshwal passed the direction on January 6 while granting bail to one Shadab, who is an accused in a case involving the alleged recovery of 40 stolen motorcycles.
The court observed that in the present case, the police failed to conduct audio-video recording of the recovery proceedings, despite the mandatory requirement under Section 105 of the BNSS. It further noted that Rule 18 of the UP BNSS Rules, 2024 clearly stipulates that such recordings must be carried out either through the E-Sakshya mobile application or other electronic means.
“The failure of the police to follow these provisions not only creates doubt over the entire prosecution story but also reflects negligence and arbitrariness,” Justice Deshwal remarked.
Underscoring the importance of transparency in law enforcement, the court noted that the audio-video recording requirement was introduced to ensure protection against false implication and to strengthen the evidentiary value of police procedures. “Such recording is meant to safeguard the rights of innocent citizens and also to build a foolproof case during the trial,” the court said.
The bench pointed out that although the DGP had issued a circular on July 21, 2025, regarding the mandatory nature of such recordings, no comprehensive SOP had been released yet as mandated under law.
Accordingly, the court directed the DGP to:
- Formulate and issue a detailed SOP for ensuring compliance with Section 105 of BNSS and Rule 18 of the UP BNSS Rules, in coordination with the National Crime Records Bureau (NCRB);
- Include a provision stating that failure to comply with the SOP would invite disciplinary proceedings against the defaulting police officers.
The court emphasized that such directions are essential for protecting the rights of individuals and for ensuring that prosecution evidence can withstand judicial scrutiny during trial.
Section 105 BNSS & Rule 18 UP BNSS Rules: Key Takeaways
- Section 105 BNSS, 2023: Mandates that all search and seizure operations be recorded via audio-video means.
- Rule 18 UP BNSS Rules, 2024: Specifies that such recordings must be done using the E-Sakshya app or other designated methods.
- Purpose: To prevent false implications and maintain transparency and accountability in police investigations.
The matter has drawn attention to the implementation challenges surrounding the newly introduced BNSS regime and the need for police departments across the country to align their procedures with the updated legal framework.
