Prayagraj, Jan 6 The Allahabad High Court has directed the Uttar Pradesh DGP to issue a standard operating procedure for mandatory audio-video recording of all police searches and seizures and uploading the seizure lists on the E-Sakshya portal.
The order was passed on Monday by Justice Arun Kumar Singh Deshwal while allowing a bail application filed by a man named Shadab, an accused in a theft case involving the alleged recovery of 40 motorcycles.
The court noted that the police failed to record the search and seizure operation as mandated under Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Rule 18 of the UP BNSS Rules, 2024.
The court said the failure to comply with the legal requirement undermines prosecution cases and may lead to disciplinary action against errant officers.
Justice Deshwal said the provision for audio-video recording to be done via the E-Sakshya app or other electronic means was enacted specifically to protect innocent persons from wrongful implication and to create foolproof evidence for trials.
The court said that non-compliance “creates a doubt over the entire prosecution story” and shows “not only negligence but arbitrariness on the part of police”.
The bench pointed out that while the DGP had issued a circular on July 21, 2025, on the mandatory nature of such recordings, a detailed SOP, as required by law, was still pending.
The court has now mandated the DGP to issue the SOP in coordination with the National Crime Records Bureau (NCRB).
The DGP must issue a direction stating that failure to comply with Section 105 of the BNSS may attract disciplinary proceedings, the court said, reasoning that strict enforcement is necessary to safeguard the innocent and ensure the evidence withstands judicial scrutiny.
