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Recording of Statements through Audio-Visual Means under BNSS

Provisions Allowing Audio-Visual Recording of Statements:
Section 105 of BNSS: Mandates that searches, seizures, and witness statements be recorded via audio-video electronic means. It explicitly states that oral statements may be reduced to writing or recorded directly through audio-video means Suresh, S/o. Bhaskaran vs State Of Kerala - Kerala.
Section 183 of BNSS: Provides that confessions or statements before magistrates can be recorded by audio-video electronic means in the presence of the accused’s advocate, emphasizing the acceptability of video recordings in judicial proceedings Suresh, S/o. Bhaskaran vs State Of Kerala - Kerala.
Section 530 of BNSS, 2023: Permits all trials, inquiries, and proceedings to be conducted using electronic communication or audio-video electronic means, including recording testimonies and proceedings remotely Satender Kumar Antil VS Central Bureau of Investigation - Supreme Court.
Section 64(2) of BNSS, 2023 (Proviso): Allows statements to be recorded via audio-video electronic means, including the possibility of serving summons through electronic communication with the Court’s seal Satender Kumar Antil VS Central Bureau of Investigation - Supreme Court.
Use in Investigation and Court Proceedings:
Police officers have the discretion to record witness or accused statements using audio-video means, either on their own initiative or upon request, provided prior information is given to the concerned party V.D. Moorthy, S/o. N. Vishwanathan vs State Of AP - Andhra Pradesh, P.V. Midhun Reddy @ Peddireddi Venkata Midhun Reddy vs State Of Andhra Pradesh - Andhra Pradesh.
Statements of witnesses or accused in custody can be recorded through electronic audio-video linkage, facilitating remote examination and testimony, including during trials or inquiries The Registrar General vs The Registrar General - Kerala, Satish @Satbhagwan vs State N.C.T Of Delhi - Delhi.
Evidence taken in proceedings can be recorded via audio-video electronic means in the presence of witnesses or accused, enabling remote participation without compromising procedural integrity Giriraj vs Deepchand@ Deepak - Madhya Pradesh.
Additional Insights:
The law emphasizes the flexibility and technological advancement in recording procedures, promoting remote and electronic means to facilitate justice.
The discretion lies with police officers and judicial authorities to decide on recording methods, ensuring procedural fairness and compliance with legal standards V.D. Moorthy, S/o. N. Vishwanathan vs State Of AP - Andhra Pradesh, P.V. Midhun Reddy @ Peddireddi Venkata Midhun Reddy vs State Of Andhra Pradesh - Andhra Pradesh.

Analysis and Conclusion:- The BNSS explicitly provides for the recording of statements and proceedings through audio-visual electronic means across multiple sections, notably Sections 105, 183, 530, and the proviso to Section 64(2).- These provisions facilitate remote recording of witness and accused statements, court proceedings, and investigations, aligning with modern technological practices.- Therefore, the main provision under BNSS allowing recording through audio-visual means is primarily Section 105, supplemented by relevant sections like 183 and 530, which endorse electronic and remote recording in judicial processes.

References:- Suresh, S/o. Bhaskaran vs State Of Kerala - Kerala- V.D. Moorthy, S/o. N. Vishwanathan vs State Of AP - Andhra Pradesh- Satender Kumar Antil VS Central Bureau of Investigation - Supreme Court- Giriraj vs Deepchand@ Deepak - Madhya Pradesh- The Registrar General vs The Registrar General - Kerala- P.V. Midhun Reddy @ Peddireddi Venkata Midhun Reddy vs State Of Andhra Pradesh - Andhra Pradesh

BNSS Provisions for Audio-Visual Statement Recording

In the evolving landscape of Indian criminal justice, technology plays a pivotal role in ensuring transparency and reliability. A common query among legal professionals, investigators, and the public is: Under which Provision of BNSS Statement can be Recorded through Audio Visual Means? The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure (CrPC) effective July 1, 2024, introduces robust provisions for audio-video electronic recording of statements. This shift aims to minimize witness hostility, enhance evidence integrity, and align with digital advancements.

This article explores these provisions in detail, drawing from legal texts and judicial insights. Note that while this provides general information, it is not a substitute for professional legal advice—consult a qualified lawyer for specific cases.

Evolution from CrPC to BNSS: A Technological Leap

Historically, under the CrPC, audio-video recording was introduced via amendments effective December 31, 2009. Section 164 CrPC allowed confessions and statements to be recorded by audio-video electronic means in the presence of the accused's advocate: Provided that any confession or statement made under this subsection may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence. State by the Inspector of Police, B8 Variety Hall Road Police Station, Coimbatore VS Manoharan - Madras (2014)Satheesh Kumar VS Inspector of Police - Madras (2019)

Similarly, the first proviso to Section 161 CrPC permitted police examinations of witnesses via audio-video means to curb retractions during trials. Satheesh Kumar VS Inspector of Police - Madras (2019) For child witnesses, Section 26 of the POCSO Act mandated sensitive audio-video recording. Amrita Nand @ Tribhuvan Arjariya @ Baba VS State of U. P. - Allahabad (2022)Gopal Gupta VS State of Bihar - Patna (2021)

BNSS builds on this foundation, expanding and mandating such practices across investigations, magistrate proceedings, and trials. It emphasizes electronic modes for efficiency, especially post-pandemic.

Key Provisions in BNSS for Audio-Visual Recording

BNSS explicitly empowers audio-visual recording in multiple sections, primarily during investigations and court processes. Here's a breakdown:

Section 105 BNSS: Core Provision for Investigations

Section 105 mandates recording of searches, seizures, and witness statements via audio-video electronic means. It states that oral statements may be reduced to writing or recorded directly through audio-video means. Suresh, S/o. Bhaskaran vs State Of Kerala - Kerala This is the primary provision for police-recorded statements, giving officers discretion to use audio-video on their initiative or request, after informing the party. V.D. Moorthy, S/o. N. Vishwanathan vs State Of AP - Andhra Pradesh P.V. Midhun Reddy @ Peddireddi Venkata Midhun Reddy vs State Of Andhra Pradesh - Andhra Pradesh

For instance: The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records. Provided that statement made under this sub-section may also be recorded by audio-video electronic means: Md. Kaleem @ Rinku VS State of Bihar - 2022 Supreme(Pat) 483 - 2022 0 Supreme(Pat) 483 Chemansab S/o Khajasab Almel VS State of Karnataka - 2021 Supreme(Kar) 45 - 2021 0 Supreme(Kar) 45

This echoes CrPC Section 161 but strengthens enforcement.

Section 183 BNSS: Magistrate-Led Confessions and Statements

Analogous to CrPC Section 164, Section 183 allows magistrates to record confessions or statements by audio-video means, mandating the accused's advocate's presence. This ensures voluntariness and safeguards against coercion. Suresh, S/o. Bhaskaran vs State Of Kerala - Kerala 02100164236

Section 64(2) BNSS: Summons and Initial Statements

The proviso to Section 64(2) permits statements to be recorded via audio-video electronic means, including electronic summons service with the court's seal. Satender Kumar Antil VS Central Bureau of Investigation - Supreme Court

Section 530 BNSS: Trials and Proceedings

Section 530 broadens scope to all trials, inquiries, and proceedings, allowing electronic communication or audio-video means for recording testimonies remotely. Evidence can be taken via audio-video electronic means in the presence of witnesses or accused, enabling remote participation. Satender Kumar Antil VS Central Bureau of Investigation - Supreme Court Giriraj vs Deepchand@ Deepak - Madhya Pradesh The Registrar General vs The Registrar General - Kerala

Statements of witnesses or accused in custody can also use electronic audio-video linkage. The Registrar General vs The Registrar General - Kerala Satish @Satbhagwan vs State N.C.T Of Delhi - Delhi

Purpose and Benefits of Audio-Visual Recording

Reliability: Provides irrefutable visual and auditory proof, reducing 'hostile witness' issues. Satheesh Kumar VS Inspector of Police - Madras (2019)
Transparency: Presence of advocate during confessions protects rights. 02100164236
Efficiency: Supports remote recording, ideal for distant or vulnerable witnesses (e.g., children under POCSO). Amrita Nand @ Tribhuvan Arjariya @ Baba VS State of U. P. - Allahabad (2022)
Modern Justice: Aligns with digital India, facilitating electronic evidence under Section 65B of the Indian Evidence Act. Umesh VS State of Karnataka - Karnataka (2022)

Police discretion ensures flexibility: Police officers have the discretion to record witness or accused statements using audio-video means... provided prior information is given. V.D. Moorthy, S/o. N. Vishwanathan vs State Of AP - Andhra Pradesh P.V. Midhun Reddy @ Peddireddi Venkata Midhun Reddy vs State Of Andhra Pradesh - Andhra Pradesh

Limitations, Challenges, and Judicial Scrutiny

Despite advancements, implementation lags. Many cases still rely on written records, risking admissibility issues if witnesses turn hostile. Satheesh Kumar VS Inspector of Police - Madras (2019)

Key considerations:- Procedural Compliance: Electronic evidence requires Section 65B Evidence Act certification; otherwise, it's inadmissible. Umesh VS State of Karnataka - Karnataka (2022)- Judicial Review: Courts reject recordings without originals, signed memoranda, or proper procedures. Surendra Koli VS State through Central Bureau of Investigation - Allahabad (2023)- Special Cases: Women's statements (e.g., under IPC Sections 354, 354A) must follow protocols, now audio-visually. Chemansab S/o Khajasab Almel VS State of Karnataka - 2021 Supreme(Kar) 45 - 2021 0 Supreme(Kar) 45 Hanumantha Mogaveera VS State Of Karnataka By Women Police Station, Udupi, Rep. By High Court Spp - 2021 Supreme(Kar) 183 - 2021 0 Supreme(Kar) 183- Cognizance: Magistrates need complainant's oath statement or witnesses'. Rakesh Kumar Chaturvedi vs State Of U.P. - 2025 Supreme(All) 2909 - 2025 0 Supreme(All) 2909

Confessionals remain inadmissible if involuntary, per Section 25 Evidence Act. Sujit Tiwary S/O Acchebarnath Tiwary vs State Of Gujarat - 2025 Supreme(Guj) 1439 - 2025 0 Supreme(Guj) 1439

Practical Recommendations for Stakeholders

Investigators: Prioritize audio-video in all applicable cases; train on equipment and protocols.
Advocates: Ensure advocate presence; challenge non-compliance.
Courts: Mandate usage to bolster prosecutions.
Policymakers: Allocate resources for tech infrastructure.

Conclusion: Strengthening Justice Through Technology

BNSS marks a progressive era, with Section 105 as the cornerstone for audio-visual statement recording in investigations, supplemented by Sections 183, 64(2), and 530. These provisions, evolving from CrPC 161/164, promise reliable evidence but demand strict adherence.

By embracing these tools, India's justice system can enhance credibility and efficiency. Legal practitioners should push for widespread adoption while upholding safeguards.

Key Takeaways:- Primary BNSS provision: Section 105 for witness statements.- Magistrate statements: Section 183.- Trials: Section 530.- Always follow Evidence Act procedures.

This article references: Suresh, S/o. Bhaskaran vs State Of Kerala - Kerala Satender Kumar Antil VS Central Bureau of Investigation - Supreme Court Satheesh Kumar VS Inspector of Police - Madras (2019)State by the Inspector of Police, B8 Variety Hall Road Police Station, Coimbatore VS Manoharan - Madras (2014)V.D. Moorthy, S/o. N. Vishwanathan vs State Of AP - Andhra Pradesh P.V. Midhun Reddy @ Peddireddi Venkata Midhun Reddy vs State Of Andhra Pradesh - Andhra Pradesh Md. Kaleem @ Rinku VS State of Bihar - 2022 Supreme(Pat) 483 - 2022 0 Supreme(Pat) 483 Chemansab S/o Khajasab Almel VS State of Karnataka - 2021 Supreme(Kar) 45 - 2021 0 Supreme(Kar) 45 Umesh VS State of Karnataka - Karnataka (2022)Surendra Koli VS State through Central Bureau of Investigation - Allahabad (2023)Amrita Nand @ Tribhuvan Arjariya @ Baba VS State of U. P. - Allahabad (2022)Gopal Gupta VS State of Bihar - Patna (2021)02100164236 Giriraj vs Deepchand@ Deepak - Madhya Pradesh The Registrar General vs The Registrar General - Kerala Rakesh Kumar Chaturvedi vs State Of U.P. - 2025 Supreme(All) 2909 - 2025 0 Supreme(All) 2909 Sujit Tiwary S/O Acchebarnath Tiwary vs State Of Gujarat - 2025 Supreme(Guj) 1439 - 2025 0 Supreme(Guj) 1439

#BNSS #AudioVisualRecording #IndianCriminalLaw

Satish @Satbhagwan vs State N.C.T Of Delhi - 2025 Supreme(Del) 238

Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter "BNSS"], seeking summoning of a witness namely Ms. Priyanka Sehgal, was dismissed, in case arising out of FIR No. 378/2013, Police Station Kanjhawala, North-West, Delhi. 2. ... It is also material to note that after recording the statement of accused, and the defence evidence, wherein three defence witnesses were examined, the matter had been put for final arguments. 12.

Satender Kumar Antil VS Central Bureau of Investigation - 2025 6 Supreme 227

Section 530 of the BNSS, 2023 states that all trials, inquiries, and proceedings may be held in electronic mode, by use of electronic communication or use of audio-video electronic means. ... It is further submitted that Section 530 of the BNSS, 2023 states that all trials, inquiries and proceedings under the BNSS, 2023 may be held in electronic mode, by use of electronic communication or use of #HL_START....

Giriraj vs Deepchand@ Deepak - 2025 Supreme(Online)(MP) 508

BNSS , 2023 facilitate appearance of accused through audio-video electronic means, except in case of appearance for the first time for Judicial remand or the Police remand. ... - Except as otherwise expressly provided, all evidence taken in the course of trial or other proceeding shall be recorded in the personal presence of the witness or through the audio-video electronic means and in....

P.V. Midhun Reddy @ Peddireddi Venkata Midhun Reddy vs State Of Andhra Pradesh - 2025 Supreme(AP) 982

whose statement he records: Provided that statement made under this sub-section may also be recorded by audio-video electronic means: Provided further that the statement of a woman against whom an offence under section 64, section 65, section 66, section ... As such, it is requested to direct the Investigating Officer to record his statement through audio#HL_E....

The Registrar General vs The Registrar General - 2025 Supreme(Online)(Ker) 58349

(8) Where the Required Person being examined or the accused to be tried is in custody, the statement or the testimony, as the case may be, may be recorded through electronic audio-video linkage. ... means, including electronic audio-video linkage. ... who is to be examined or whose statement is to be recorded; (ii)any party, accused or any other person in whose presenc....

Rakesh Kumar Chaturvedi vs State Of U.P. - 2025 Supreme(All) 2909

BNSS and held that the Magistrate while taking cognizance of an offence should have with him the statement on oath of the complainant and if any witnesses are present, their statements.

UNITED BANK LIMITED vs UNION OF INDIA - 2025 Supreme(Online)(Ker) 46894

Bharatiya Nagarik Suraksha Sanhita , 2023 ( BNSS ). 3.

Sujit Tiwary S/O Acchebarnath Tiwary vs State Of Gujarat - 2025 Supreme(Guj) 1439

Section 25 of the Indian EVIDENCE ACT and thus, the evidence of confessional statement cannot be read in evidence against the accused; that, in the present case, in order to prove the authenticity of the transcript, no voice comparison or spectrography

Firoz Khan Akbarkhan VS State of Maharashtra - 2025 3 Supreme 560

’] of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) is concerned, the said delay has been thoroughly explained by the witnesses, including the Investigating Officer, to the effect that there were riots in the area. On this score, the Investigating Officer was involved in maintaining law and order in the affected area. Provided that statement made under this sub-section may also be recorded by audio-video electronic means: (3) The police officer ....

Md. Kaleem @ Rinku VS State of Bihar - 2022 Supreme(Pat) 483

The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records. [Provided that statement made under this sub-section may also be recorded by audio-video electronic means:]

Hanumantha Mogaveera VS State Of Karnataka By Women Police Station, Udupi, Rep. By High Court Spp - 2021 Supreme(Kar) 183

The police officer may reduce into writing any statement made to him in the course of an examination under the said Section and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records. Provided further that the statement of a woman against whom an offence under certain Sections of the Indian Penal Code is alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer. Such a....

Chemansab S/o Khajasab Almel VS State of Karnataka - 2021 Supreme(Kar) 45

The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records: Provided that statement made under this sub-section may also be recorded by audio-video electronic means: Provided further that the statement of a woman against whom an offence under section 354, section 354-A, section 354-B, section ....

Subair. T. P @ Subu, S/o. Pareeth Pillai VS Union of India Represented By National Investigating Agency - 2019 Supreme(Ker) 890

Under this Section a police officer making an investigation can examine a person acquainted with the facts of the case and reduce the statement made by such person into writing. The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records : Provided further that the statement of a woman against whom an offence un....