Mandatory Videography of Search and Seizure

Source: Allahabad High Court 

Why in News? 

The bench of Justice Arun Kumar Singh Deshwal in the case of Shadab v. State of U.P. (2025) granted bail to the applicant while highlighting serious concerns about police non-compliance with mandatory videography requirements under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) during search and seizure operations. 

What was the Background of Shadab v. State of U.P. (2025) Case? 

• The bail application was filed seeking release of the applicant in Case Crime No. 185 of 2024 under Sections 305(2) and 317(2) of the Bharatiya Nyaya Sanhita (BNS), Police Station Mansoorpur, District Muzaffar Nagar. 
• The applicant was not named in the First Information Report (FIR). 
• Subsequently, based on information, the applicant along with four other co-accused persons were arrested. 
• From their joint possession, 40 motorcycles were allegedly recovered. 
• There was no private witness present during the recovery, nor was any videography conducted of the alleged recovery. 
• The applicant's counsel argued that videography of recovery is compulsory as per Section 105 BNSS, and its absence creates doubt over the entire prosecution story. 
• Two co-accused persons, Shoeb and Owais, had already been released on bail by coordinate benches of the Allahabad High Court. 
• The applicant contended he was on similar footing as the co-accused who had been granted bail on grounds of parity. 
• The charge sheet had been filed in the case, eliminating the need for custodial interrogation. 
• The applicant had been in jail since April 16, 2025. 

What were the Court's Observations? 

• The Court considered the facts, overcrowded jails, and heavy pendency of criminal cases before granting bail to the applicant with conditions including cooperation in trial, no inducement to witnesses, and no criminal activity. 
• The Court observed that police failed to conduct mandatory videography of the recovery of 40 motorcycles or prepare a list of seized items, as required under Section 105 of BNSS. This non-compliance showed negligence and arbitrariness, creating doubt over the prosecution story. 
• The Court noted encountering numerous cases where police failed to conduct audio-video recording even when independent witnesses were unavailable, giving undue benefit to criminals during bail and trial proceedings. 
• The Court directed the Director General of Police, Uttar Pradesh to issue detailed Standard Operating Procedures (SOP) mandating audio-video recording of search, seizure and possession of property through E-Sakshya portal or other electronic means including mobile phones. 
• Failure to comply with Section 105 BNSS read with Rule 18 of the Uttar Pradesh Bharatiya Nagarik Suraksha Rules, 2024 may attract disciplinary proceedings against concerned police officers. 
• The Court emphasized this would serve dual purposes: preventing false implication of innocent persons and preparing foolproof evidence against genuine criminals for bail applications and trial. 

What is Section 105 of BNSS? 

About Section 105 BNSS: 

• Applies to search of a place or taking possession of any property, article or thing under the relevant chapter or Section 185 BNSS. 
• Covers the entire process of search and seizure operations. 

What Must Be Recorded: 

• The complete process of conducting search of a place. 
• Taking possession of any property, article or thing. 
• Preparation of the list of all things seized during search and seizure. 
• Signing of such list by witnesses. 

Mode of Recording: 

• Must be recorded through any audio-video electronic means. 
• Mobile phone is the preferred device for recording. 

Submission Requirement: 

• The police officer shall forward the recording without delay. 
• Recording must be sent to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class. 

Purpose: 

• Prevents false recovery and fabrication of evidence by police officials. 
• Creates reliable legal material for fair trial proceedings.