Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
BNSS enables recording of virtual evidence (e.g., witness testimony via video conferencing) through court discretion on applications, akin to CrPC practices but statutorily supported (e.g., accused virtual presence under Sections 251(1)-(2), 263); no single dedicated section quoted, but consistently upheld in accordance with law with procedural rules ensuring integrity; electronic/digital evidence admissibility ties into Bharatiya Sakshya Adhiniyam but separate from virtual recording ["2026 Supreme(Online)(Ori) 157"] ["2025 0 Supreme(Ker) 2375"] ["2024 0 Supreme(P&H) 967"]
In an era dominated by digital technology, Indian law enforcement and judiciary are adapting to incorporate virtual and electronic methods for evidence collection. A common query among legal professionals, investigators, and citizens is: what is provision in Act to record ? The (), India's new criminal procedure code replacing the , addresses this through provisions mandating or permitting audio-video electronic recordings. While it doesn't explicitly term it , Sections like 180(3), 183, 185, 176(3), and 105 emphasize electronic means to enhance authenticity and prevent tampering. Platforms like further enable real-time digital capture. This blog explores these rules in detail, drawing from statutory texts and judicial insights.
generally refers to digitally recorded data, such as audio-video footage of statements, searches, or crime scenes, admissible under the (). integrates this into investigations to ensure transparency. Key benefits include verifiable , reduced disputes over written records, and compliance with modern digital standards. However, implementation depends on practicality and safeguards for vulnerable groups. (2025 0 Supreme(AP) 982)
mandates electronic recording in critical investigative stages:
Statements During Police Examination ((3)): Police may record statements using audio-video means. The section states: Provided that statement made under this sub-section may also be recorded by . For women alleging sexual offenses (under specified BNS sections), recording must be by a woman officer. This creates a tamper-proof record distinct from writings. (2025 0 Supreme(AP) 982)
Searches ((2)): Searches must be recorded via audio-video, preferably mobile phones, if practicable. The proviso states that the search conducted under this section shall be recorded through , preferably by mobile phone. (2025 0 Supreme(Ker) 2268)
Crime Scenes for Serious Offenses (): For crimes punishable by over 7 years, scenes require video documentation.
Seizures (): All seizures must use or equivalents.
Confessional/Witness Statements (Sections 180 and 183): Video recording is permitted or required, integrated via state platforms. (2025 0 Supreme(Ker) 2268)
These ensure electronic records supplement traditional methods, bolstering admissibility in court.
(3) empowers officers: 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. The proviso allows audio-video, with special protections for sexual offense victims. This provision ensures verifiable electronic records, distinct from written statements, with safeguards for vulnerable witnesses. (2025 0 Supreme(AP) 982)
(2) mandates: Police conduct searches in person where possible, with audio-video recording. must use for:- All searches/seizures under .- Crime scenes for heinous crimes under .- Confessional/witness statements under .This integrates virtual recording into protocols, especially for serious offenses. (2025 0 Supreme(Ker) 2268)
Sections 193(3) and 94 facilitate production: Whenever any Court or any officer... considers that the production of any document, electronic communication, including communication devices, which is likely to contain digital evidence... such Court may issue a summons... either in physical form or in electronic form. Courts can summon devices or records electronically, supporting virtual handling. (2025 6 Supreme 227) (2025 8 Supreme 391)
Recent developments bolster provisions. Kerala's Electronic Audio-Video Linkage Rules, , approved under , enable judicial proceedings via electronic means across , , and . The provide a framework for conducting judicial proceedings via electronic means, ensuring procedural integrity and confidentiality. Proceedings are deemed judicial, with mandates for visibility, audibility, security, and remote examinations. This extends to trials and inquiries. 2025 Supreme(Online)(Ker) 58349
Courts have upheld flexible evidence introduction, relevant for digital formats. In one case, allowing additional witnesses under (old 311 ) was affirmed, noting no prejudice if justice demands it. 2025 0 Supreme(Guj) 1182
Related rulings clarify electronic records as , aligning with , without rigid Section 62 constraints. 2026 Supreme(Online)(MP) 1305
In non-judicial contexts like EPF proceedings, were critiqued if ineffective, favoring physical where voluminous evidence exists. 2021 0 Supreme(Ker) 913
Investigating officers should:- Prioritize for mandated recordings.- Document compliance meticulously for admissibility.- Seek early summons under for digital evidence.
Courts/police must invest in technology and training. While modernizes procedures, effective use hinges on infrastructure.
This overview provides general insights into provisions. Legal scenarios vary; consult a qualified lawyer for advice tailored to specific cases. Stay updated as digital justice evolves in India.
References1. 2025 0 Supreme(AP) 982: (3) .2. 2025 0 Supreme(Ker) 2268: Sections 105, 176(3), 180, 183, 185; .3. 2025 6 Supreme 227: .4. 2025 8 Supreme 391: .5. 2025 Supreme(Online)(Ker) 58349: Kerala Audio-Video Rules.6. 2025 0 Supreme(Guj) 1182: Witness summoning.7. 2026 Supreme(Online)(MP) 1305: Electronic records.
#BNSSAct, #VirtualEvidence, #DigitalJustice
As a result, the learned trial court has declined to record the evidence of the Petitioner on the basis of a memo filed by the Additional Public Prosecutor. ... By filing the present application under section 528 of BNSS the Petitioner-Informant seeks quashing of the impugned order dated 06.08.2025 at Annexure-2. ... It was also contended that either necessary protection be provided to the Petitioner or she may be permitted to appear through virtual mode. 7. ... This matter is taken up through Hybrid Arrangement (#HL_STA....
A summons issued by a Court is a judicial act, whereas a notice issued by the Investigating Agency is an executive act. Hence, the procedure prescribed for a judicial act cannot be read into the procedure prescribed for an executive act. ... The procedure encapsulated in Section 35(6) of the BNSS, 2023, seeks to secure this fundamental right, from encroachment by the relevant Authority, and therefore, any attempt to interpret the provision as a mere procedural one, would amount to rewr....
Bharatiya Nagarik Suraksha Sanhita , 2023 (Act 46 of 2023); Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023); Bharatiya Nagarik Suraksha Sanhita , 2023 (Act 46 of 2023), Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), Contempt of Courts Act , 1971 (Act 70 of 1971), a href="./..
BNSS) and section 165 of EVIDENCE ACT and by taking into consideration few earlier pronouncements upheld the order of trial Court as the same would not cause any prejudice to the rights of the accused and the accused can cross examine ... the complainant on the basis of the new material adduced on record.
The doctrine 'contemporanea exposition est optima et fortissimm' has no application when interpreting a provision of an on - going statute / act like the Criminal Procedure Code. 19. At this stage we must deal with a submission made by Mr. Sundaram. ... Such an argument displays ignorance of the concept of virtual reality and also of video conferencing. Virtual reality is a state where one is made to feel, hear or imagine what does not really exists. ... This is not virtual reality, it is actual realit....
(Supra), which reads as “…if an electronic record as such is used as primary evidence under Section 62 of the Evidence Act…” was clarified that it is to be read without the words “under Section 62 of the Evidence Act,…”, which goes to show that the directions issued in Anvar P.V. ... evidence under Section 62 of Evidence Act, but herein case, there is no material available to show the very source of primary evidence#HL_END....
It is borne out from the record that the incriminating case property, namely the phone belonging to PW3, was not produced by the prosecution while adducing evidence in the first instance. ... Perused the record. 6. The offence charged against the accused is under Section 307 of the IPC. ... Consequently, the prosecution filed a petition under Section 348 of the BNSS seeking to recall the evidence of PW3 and to receive the said mobile phone and mark it as a material object. However, the trial Court dismi....
However, owing to an inadvertent omission in the deposition, the said evidence has remained incomplete on record. ... Such a power should be exercised provided the evidence which may be tendered by a witness is germane to the issue involved, or if proper evidence is not adduced or relevant material is not brought on record due to any inadvertence. ... However, instead of seeking a recall of the relevant witness to clarify the omission, the prosecution elected to advance its submission by placing relianc....
That the Rules explicitly mandate an official of the Indian Embassy/High Commission/Consulate only as the Remote Point Coordinator, and cannot be interpreted to include their authorised representative to act as Remote Point Coordinator when evidence is being recorded through virtual mode. ... That the testimony of the private respondent was, however, recorded in violation of the provisions of the Cr.P.C., the Indian Evidence Act, 1872 and the High Court Video Conferencing Rules (hereinafter referred to ....
Coming to Section 263 of BNSS, going by the provision, in nowhere it has been stated that, framing of charge is an event to be held in the presence of the accused, though recording of plea covered under Section 263(2) of BNSS, shall be in the presence of the accused, so that he could either plead guilty ... As pointed out by the learned counsel for the revision petitioner/accused No.14, as per Section 251(1) of BNSS, framing of charge in sessions cases is permitted in the virtual presence of the accused....
It defies the spirit of policy of the treating person agriculturist. The reasoning is a virtual negation of what is contemplated in the aforementioned Resolution.
Examination of an Enforcement Officer is a mode and means of adducing evidence to enable proper assessment of the dues. Thus, even going by the conditions stipulated for conducting virtual mode of hearing as stipulated in the Circular dated 01.10.2020 issued by the Employees Provident Fund Organisation, there is a requirement that sufficient evidence must be already on record. In fact, one of the conditions for permitting virtual hearing is stipulated as 'sufficient evidence being available on record for assessment of dues'. 9. A perusal of the said Circular reveals that it....
Reference in this connection may be made to the Evidence Act, which has a provision relating to the admissibility of a statement made in a previous judicial proceeding. The relevant provision in the Evidence Act, is as follows: Evidence given by a witness in a judicial proceeding, or before any person authorized by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving eviden....
It was held that the manner of recording confession has provided under section 281 for the purpose of memorandum as laid down by Section 164(4), there is no provision for administering oath to an accused making a confessional statement before a Magistrate. Therefore, no question of administering oath arises and in fact if oath is administered; it will be contrary to the provision of Section 281. When such specific provision is made, the other provision of the Evidence Act etc, regarding recording of statement, will not operate. It is an illegality and as a such the confessi....
Statement of Anjanabai was recorded in that proceeding. 37 and in the statement, the relationship of both the sides with Anjanabai was given by Anjanabai. That record is relevant and needs to be considered in view of provision of section 32 of Evidence Act.
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