Allahabad High Court flags violation of mandatory recording of search and seizure, directs DGP to issue SOP

The Allahabad High Court recently directed UP’s Director General of Police (DGP) to issue detailed SOP for mandatorily conducting audio video recording of search, seizure or possession of property as prescribed under Section 105 of Bharatiya Nagarik Suraksha Sanhita (BNSS).

Justice Arun Kumar Singh Deshwal passed the directions while granting bail to an accused in a motorcycle theft case after noting that the police failed to conduct mandatory videography of the recovery.

“It is clear that police has not conducted any videography of the recovery of motor cycles from the applicant or preparation of list of seized motor cycles, though, same is mandatory as per Section 105 of BNSS and uploading the videography on the portal of E-Sakshya is also necessary,” the court observed.

The court held that it showed negligence and arbitrariness on the part of police which casted doubt over the prosecution story regarding the recovery of seized articles.

The prosecution case alleged recovery of 40 motorcycles from the joint possession of the applicant and co-accused. The accused sought bail before the high court contending that videography of recovery is compulsory as per Section 105 BNSS (recording of search and seizure through audio-video electronic means).

It was argued that there was no private witness or videography of the aforesaid recovery. It was further contended that the co-accused persons were released on bail by a coordinate bench of the high court.

It was submitted that the chargesheet has been filed in the case, therefore, there was no requirement of custodial interrogation.

The court while considering the nature of offence, evidence, complicity of the accused, granted bail with conditions.

The court noted that Section 105 of BNSS, Rule 18 (procedure of audio video recording) of Uttar Pradesh Bharatiya Nagarik Suraksha Rules, 2024 and DGP’s circular dated July 21, 2025 mandates audio-video recording of conducting search or taking possession of any property by police.

It, however, observed that a detailed SOP has not been issued yet.

“Detailed SOP as required by Rule 18(5) of the Uttar Pradesh Bharatiya Nagarik Suraksha Rules, 2024 has not been issued by the Director General of Police in coordination with NCRB,” the court noted.

The court lamented that in several cases audio video recording was not conducted by the police which benefited the criminals during bail and trial.

“This court came across number of cases where independent witness could not be found regarding recovery of any article and even then audio video recording through E-Sakshya portal or other audio, video electronic means was not conducted by the police which gives benefit to the criminals during bail as well as trial,” the order read.

It, therefore, issued directions to the state DGP to frame a detailed Standard Operating Procedure (SOP) for mandatory audio-video recording of search and seizure through the e-Sakshya portal.

The court also directed to issue a warning that failure to comply with Section 105 BNSS and Rule 18 may invite disciplinary action against erring police officers.