Can Police Station CCTV Footage Be Produced Under BNSS Section 94?

In an era where surveillance technology plays a pivotal role in criminal investigations, questions about accessing police station CCTV footage have become increasingly common. A key query arises: can produce the visuals of police station CCTV under BNSS S94? Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023—the successor to the Code of Criminal Procedure (CrPC), 1973—introduces Section 94, which empowers courts and police to summon documents or electronic records. But does this extend to CCTV footage from police stations? This post explores the legal framework, judicial precedents, and practical implications, drawing from landmark cases and Supreme Court directives.

Note: This article provides general information based on legal precedents and is not a substitute for professional legal advice. Consult a qualified lawyer for case-specific guidance.

Understanding BNSS Section 94: The Power to Summon Documents

BNSS Section 94 mirrors the erstwhile CrPC Section 91, granting magistrates, courts, or police officers the authority to issue summons for the production of any document or electronic record relevant to an investigation, inquiry, or trial. This provision is crucial for ensuring transparency and evidence collection.

• Key Features of BNSS S.94:
• Applies to any document or 'other thing' deemed necessary.
• Includes electronic records, as defined under Section 2(1)(t) of the Information Technology Act, 2000, and admissible per the Indian Evidence Act, 1872 (Sections 63 and 65B for electronic evidence).
• Courts can direct production during trials or appeals to verify facts.

CCTV footage qualifies as an electronic record, making it producible under this section, provided it is relevant and not privileged. However, police stations must comply with Supreme Court mandates on CCTV installation and preservation. 2025 0 Supreme(Del) 75

Supreme Court Mandate: CCTV Coverage in Police Stations

The Supreme Court in Paramvir Singh Saini vs. Baljit Singh & Ors. (2021) 1 SCC 184 revolutionized police accountability by directing comprehensive CCTV coverage in police stations. The ruling emphasized:

it is the duty and responsibility of the police to ensure that no part of a police station is left uncovered by CCTV cameras except the inside of washrooms/toilets 2025 0 Supreme(Del) 75

This footage must be preserved and produced when required, often invoked alongside BNSS S.94 equivalents. Courts have repeatedly summoned such visuals to scrutinize arrests, interrogations, and station activities. 2021 0 Supreme(Mad) 1361

Judicial Precedents: Courts Directing Production of Police CCTV

Indian courts have consistently upheld the producibility of police station CCTV under provisions akin to BNSS S.94. Here are notable examples:

1. Directions for Videograph Production

In a case involving alleged offenses at a police station, the court ordered:

the respondent police to place the photograph/videograph before this Court 2021 0 Supreme(Mad) 1361

Referencing Paramvir Singh Saini, the High Court stressed CCTV's role in ascertaining the real offence/gravity of offence committed by the accused. This aligns with BNSS S.94's scope for electronic records.

2. CCTV Footage in Corruption and Extortion Probes

In challenges to sanction refusals under the Prevention of Corruption Act:

CCTV footage of Yawal Police Station of 12/01/2017 and 13/01/2017 is collected by the A.C.B. 2020 0 Supreme(Bom) 978 2020 0 Supreme(Bom) 1279

The court noted transcripts showing suspect movements, remanding matters for reconsideration. Such footage proved pivotal, demonstrating S.94-like powers to compel production. 2020 0 Supreme(Bom) 978

3. Admissibility in Criminal Trials

High Courts have admitted police CCTV in murder and atrocity cases:

the events that took place prior to murder came to be recorded in the CCTV cameras installed in the said shop 2020 0 Supreme(Mad) 1180

While not exclusively police stations, the principle extends, with courts considering CCTV under electronic evidence rules. In riot cases at stations:

CCTV has been installed in the respondent police station, where the occurrence was taken place 2021 0 Supreme(Mad) 1361

4. Historical Context Under CrPC S.91 (Now BNSS S.94)

Older cases affirm:

S94 cannot be said to be a minor offence so far as the dacoity is concerned 1927 0 Supreme(Mad) 209

Though procedural, courts link it to evidence production. In jury trials, irregularities in charges were set aside, directing retrials with proper evidence, including visuals. 1927 0 Supreme(Mad) 209

Procedural Steps to Summon Police CCTV Under BNSS S.94

To invoke BNSS S.94 for CCTV footage:1. File an Application: Accused, complainant, or court suo motu can apply, showing relevance (e.g., verifying arrest grounds).2. Notice to Police: Specify footage date, time, and cameras.3. Preservation Order: Courts often direct non-tampering, per SC guidelines.4. Admissibility Check: Certificate under Evidence Act S.65B required.5. Challenges: Police may resist on 'operational privilege,' but courts prioritize Article 21 rights (personal liberty). 2025 0 Supreme(Del) 75

Failure to produce can lead to adverse inferences or quashing actions, as in arrest validity cases:

procedural lapses in serving notice and grounds of arrest invalidate the arrest 2025 0 Supreme(Del) 75

Limitations and Safeguards

• Privacy Concerns: Footage from washrooms/toilets exempt.
• Retention Period: Typically 30-45 days; delayed requests may fail.
• Tampering Risks: Courts verify chain of custody.
• Not Absolute Right: Must be material to the case; fishing expeditions denied.

In commissioner appointment disputes:

The Court cannot appoint for the second time, a Commissioner... when the first Commissioner’s report and sketch are available on record 2012 0 Supreme(Mad) 1838

Analogously, existing footage must be produced first. 2012 0 Supreme(Mad) 1838

Key Takeaways for Litigants and Lawyers

• Yes, Generally Possible: Police station CCTV visuals can be produced under BNSS S.94 as electronic records, backed by SC directives and High Court orders.
• Leverage Paramvir Singh Saini: Cite for mandatory coverage and production.
• Act Promptly: Request early to avoid overwriting.
• Holistic Approach: Combine with RTI or S.91 BNSS (search warrants) if needed.

| Aspect | BNSS S.94 Application ||--------|------------------------|| Eligible Footage | Station entry/exit, interrogation rooms (non-private) || Who Can Summon | Court, police, parties via application || Supporting SC Case | Paramvir Singh Saini (2021) 2025 0 Supreme(Del) 75 || Evidence Act Req. | S.65B certificate |

Conclusion

BNSS Section 94 empowers the production of police station CCTV footage, enhancing transparency in a surveillance-driven justice system. From Supreme Court mandates to routine High Court directions, precedents confirm its feasibility—provided procedural compliance. As technology evolves, expect stricter enforcement, safeguarding rights while curbing misuse.

Stay informed on BNSS transitions from CrPC. For tailored advice, reach out to legal experts. Share your thoughts: Have you faced issues accessing police CCTV?