Allahabad High Court Criticizes State for Unwarranted Polygraph Demand and False Affidavit

Court Orders Re-recording of Victim's Statement in BNSS Case, Questions State's Challenge and Conduct

In a significant ruling, the Allahabad High Court has reprimanded the State of Uttar Pradesh for challenging the re-recording of a victim's statement in a case under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and has taken serious note of a misleading affidavit filed by the Superintendent of Police, Balrampur. The Division Bench, comprising Justices Abdul Moin and Babita Rani, delivered this judgment in response to a writ petition filed by Anjan Kumar, the petitioner, against the State of Uttar Pradesh and others.

The case revolves around an FIR lodged by the petitioner on October 22, 2024, under Sections 137(2) and 87 of the BNSS, 2023, alleging grave offenses committed against a minor victim. The initial statement of the victim recorded on October 28, 2024, was found to be given under pressure, leading the competent court to order a re-recording of the statement on January 8, 2025. The re-recorded statement, dated March 19, 2025, clearly established the offense.

Despite the court's directive, the State challenged the re-recording order and pursued a polygraph test for the victim and her father, a move the High Court found unwarranted. The court observed that the authorities' insistence on a polygraph test was unnecessary when the re-recorded statement already substantiated the offense.

In a startling revelation, the court found that the Superintendent of Police, Balrampur, submitted a false affidavit dated December 2, 2025, misleadingly indicating the pendency of an application for a polygraph test, which had been rejected by the court on December 1, 2025. The court has demanded an explanation from the Principal Secretary (Home), U.P., to account for the filing of such an affidavit and the rationale behind the State's challenge to the re-recording order.

The High Court has directed the Principal Secretary (Home), U.P., to file a personal affidavit within a week. Failing this, the Principal Secretary must appear in person before the court on December 15, 2025, to provide the necessary clarifications.

This judgment underscores the judiciary's vigilance in ensuring justice and its intolerance towards procedural lapses and unwarranted legal challenges that undermine the judicial process.

Bottom Line:

Re-recording of the victim's statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, ordered by the competent court due to initial statement being given under pressure. The State's challenge to such re-recording and insistence on a polygraph test of the victim and her father was held to be unwarranted, particularly when the court-ordered re-recorded statement clearly established the offence.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 183

Anjan Kumar v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc Id # 2817604