The Allahabad High Court has directed the Uttar Pradesh DGP to formulate a comprehensive SOP mandating audio-video recording of all police searches and seizures. The SOP must also ensure that seizure lists are promptly uploaded to the E-Sakshya portal.
PRAYAGRAJ: The Allahabad High Court has instructed the Uttar Pradesh Director General of Police (DGP) to establish a standard operating procedure (SOP) for the mandatory audio-video recording of all police searches and seizures, along with the requirement to upload seizure lists to the E-Sakshya portal.
This order was issued by Justice Arun Kumar Singh Deshwal during the hearing of a bail application filed by Shadab, who is accused in a theft case that involves the alleged recovery of 40 motorcycles.
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The court observed that the police did not conduct the search and seizure operation in accordance with Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Rule 18 of the UP BNSS Rules, 2024, which mandate proper recording.
It noted that such non-compliance undermines the prosecution’s case and may result in disciplinary action against negligent officers.
Justice Deshwal emphasized that the provision for audio-video recording through the E-Sakshya app or other electronic methods was specifically introduced “to protect innocent persons from wrongful implication and to create foolproof evidence for trials.”
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The court also warned that failure to comply with the procedures “creates a doubt over the entire prosecution story” and reflects “not only negligence but arbitrariness on the part of police.”
Although the DGP had issued a circular on July 21, 2025, underscoring the mandatory nature of these recordings, a comprehensive SOP mandated by law is still pending.
The court has now directed the DGP, in coordination with the National Crime Records Bureau (NCRB), to issue the SOP.
It added that the DGP must issue a directive clarifying that noncompliance with Section 105 of the BNSS “may attract disciplinary proceedings,” reasoning that strict enforcement is essential to protect the innocent and ensure that evidence is legally robust.