Law and You >Procedural Laws > BNSS > Audio-Video Electronic Means (S. 2(1)(a))

According to section 2(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), “audio-video electronic means” shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes and by such other means as the State Government may, by rules provide.

List of Sub-Topics:

• Introduction
• Video Conferencing
• Recording of Statements
• Processes of Identification
• Processes of Search and Seizure
• Transmission of Electronic Communication
• Electronic Evidence
• Importance of Audio-Video Electronic Means
• Provisions in BNSS for the Use of Audio-Video Electronic Means
• Conclusion

Section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023 contains definitions and interpretations of various terms used throughout the Sanhita. These definitions clarify the meanings of important legal concepts and terminology to ensure consistency and understanding throughout the Sanhita. These interpretations help legal practitioners and judicial authorities interpret and apply the provisions of the Sanhita correctly. Thus, Section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023 serves as a foundational component of the Sanhita, providing clarity, consistency, and guidance on the interpretation and application of its provisions in criminal proceedings. In this article let us discuss one such term “Audio-Video Electronic Means”.

Audio-Video Electronic Means:

According to section 2(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 “audio-video electronic means” shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes and by such other means as the State Government may, by rules provide.

Different Kinds of Audio-Video Electronic Means:

“Audio-video electronic means” refers to the use of electronic devices and technologies to transmit or record audio and video content. In the context of legal proceedings, particularly in courts, the term is often used to describe the use of technology to conduct hearings, gather evidence, or facilitate communication when physical presence is not feasible or convenient. Audio-video electronic means can include:

Video Conferencing:

Video conferencing technology has become increasingly prevalent in the criminal justice system, offering numerous benefits and applications. Here are several ways in which video conferencing is used:

• Remote Court Proceedings: Video conferencing allows for remote participation in court proceedings by judges, attorneys, witnesses, and defendants. This is particularly useful for cases involving individuals who are unable to physically attend court due to geographical constraints, health reasons, or logistical issues. Remote court proceedings help reduce delays, save time and resources, and improve access to justice.
• Witness Testimony: Video conferencing enables witnesses to testify remotely without the need to travel to the court. This is especially beneficial for out-of-town witnesses, expert witnesses, or witnesses who may be vulnerable or intimidated. Remote testimony via video conferencing helps streamline the judicial process and minimizes disruptions to witnesses’ daily lives.
• Interrogations and Interviews: Law enforcement agencies use video conferencing technology to conduct interrogations and interviews with suspects, witnesses, and persons of interest. This allows for real-time interaction between investigators and individuals located in different locations while maintaining visual and auditory contact. Video conferencing facilitates efficient information gathering and enhances investigative capabilities.
• Inmate Arraignments and Hearings: Video conferencing is utilized for inmate arraignments, bail hearings, and other court proceedings involving incarcerated individuals. By conducting these hearings remotely, authorities can reduce the need for transporting inmates to and from correctional facilities, thereby enhancing security and cost-effectiveness.
• Legal Consultations: Attorneys use video conferencing to consult with clients, conduct case preparation meetings, and provide legal advice remotely. This is particularly beneficial for clients who are unable to meet their attorneys in person due to various constraints. Video conferencing facilitates timely communication between legal professionals and their clients, ensuring effective representation.
• Probation and Parole Meetings: Video conferencing technology is employed for probation and parole meetings between supervising officers and individuals under community supervision. This allows for regular check-ins and compliance monitoring without the need for in-person meetings, improving efficiency and reducing travel-related expenses.
• Training and Professional Development: Video conferencing platforms are used for training sessions, workshops, and professional development programs for judicial personnel, law enforcement officers, and legal professionals. These virtual training sessions enable participants to access educational resources and collaborate with experts from diverse geographical locations, fostering continuous learning and skill development.

The use of video conferencing in the criminal justice system enhances efficiency, accessibility, and cost-effectiveness while maintaining the integrity and fairness of legal proceedings. It enables remote participation, facilitates information exchange, and supports the delivery of justice in a timely and efficient manner.

Circumstances of implementing the video conference in a suit:

• Video conference can be implemented in the following circumstances:
• Urgent matters:
• Overseas or Outstation of parties:
• Crimes against women:
• By application of parties or suo moto of court

According to Section 308 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (S. 273 CrPC), except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his advocate including through audio-video electronic means at the designated place to be notified by the State Government. It is to be noted in Section 273 CrPC, provision for audio-video electronic means was not there.

Previously, video conferencing has been used in several cases where the witness has been unable to attend the court proceedings.

In State of Maharashtra v. Dr. Praful B Desai, AIR 2003 SC 2053 case, deals with the evidence produced before the court through video conferencing. The Supreme Court opined that video conferencing as a vital tool for collecting evidence where the witness may not be conveniently or necessarily be examined in court. The Court finally held that the evidence can be recorded through video conferencing and the presence under Section 273 CrPC (S. 308 BNSS) does not only mean physical presence but also virtual presence

In Amitabh Bagchi v. Ena Bagchi, AIR 2005 Cal 11 case, the Calcutta High Court opined that a practical outlook ought to be taken by a court in allowing electronic video conferencing as it is a cost-effective facility and avoids delay of justice.

In Som Prakash v. State of Delhi, AIR 1974 SC 989 case, the Supreme Court observed that: “in our technological age nothing more primitive can be conceived of than denying discoveries and nothing cruder can retard forensic efficiency than swearing by traditional oral evidence only thereby discouraging the liberal use of scientific aids to prove guilt.” Statutory changes are needed to develop more fully a problem solving approach to criminal trials and to deal with heavy workload on the investigators and judges.

In Grid Corpn. of Orissa Ltd. v. AES Corpn., AIR 2002 SC 3435 case, the Supreme Court has ruled in favour of technology and held that when an effective consultation can be achieved by resort to electronic media and remote conferencing it is not necessary that the two persons required to act in consultation with each other must necessarily sit together at one place unless it is the requirement of law or of the ruling contract between the parties

Recording of Statements:

Recording statements in the criminal justice system is a fundamental practice aimed at accurately documenting the accounts of individuals involved in investigations or legal proceedings. Here’s how the recording process typically occurs:

• Preparation: Before recording statements, law enforcement officials or legal authorities prepare by ensuring that appropriate recording equipment is available and functional. This may include audio recording devices, video cameras, or transcription tools.
• Informed Consent: Prior to recording, individuals providing statements are informed about the purpose of the recording and their rights regarding the process. In some jurisdictions, individuals may be required to provide explicit consent before their statements are recorded.
• Audio or Video Recording: Statements can be recorded either through audio-only means or through audio-video recording, depending on the preferences and protocols of the investigating agency or legal jurisdiction. Video recording provides additional visual context, such as body language and facial expressions, which can be valuable for assessing credibility and context.
• Interview Process: During the statement recording, interviewers ask questions and prompt individuals to provide their accounts of relevant events or circumstances. The interviewer ensures that the statement recording process is conducted in a respectful, non-coercive, and legally compliant manner.
• Documentation: Alongside the audio or video recording, additional documentation is often maintained to provide context and clarity to the recorded statements. This may include notes summarizing key points, timestamps indicating the duration of the recording, and details about the individuals providing the statements.
• Transcription: In cases where statements are recorded in audio format, they may be transcribed into written text for easier review, analysis, and reference. Transcription services can convert audio recordings into written documents, ensuring that the content of the statements is accurately captured.
• Review and Analysis: Recorded statements are reviewed and analyzed by investigators, prosecutors, defence attorneys, and other relevant parties as part of the legal proceedings. This analysis may involve assessing the consistency of statements, identifying discrepancies or contradictions, and evaluating the credibility of witnesses or suspects.
• Admissibility in Court: Recorded statements may be submitted as evidence in court proceedings, subject to admissibility requirements and legal standards. The admissibility of recorded statements depends on factors such as relevance, authenticity, reliability, and compliance with procedural safeguards.

Recording statements in the criminal justice system serves several important purposes, including preserving evidence, ensuring accuracy, promoting transparency, and safeguarding the rights of individuals involved in legal proceedings. By capturing statements in a verifiable and reliable manner, recording technologies contribute to the fair and effective administration of justice.

In Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdas Mehra, AIR 1975 SC 1788 case, the Supreme Court had observed: “…. We think that the High Court was quite right in holding that the tape – records of speeches were “documents”, as defined by S.3 of the Evidence Act, which stood on no different footing than photographs, and that they were admissible in evidence on satisfying the following conditions:

• The voice of the person alleged to be speaking must be duly identified by the maker of the record or by others who know it.
• Accuracy of what was actually recorded had to be proved by the maker of the record and satisfactory evidence, direct or circumstantial, had to be there so as to rule out possibilities of tampering with the record.
• The subject – matter recorded had to be shown to be relevant according to rules of relevancy found in the Evidence Act.”

In Twentieth Century Fox Film Corporation v. NRI Film Production Associates (P) Ltd., AIR 2003 KANT 148 case, the following conditions have been laid down for recording video conferring of evidence.

1. Before a witness is examined in terms of the audio-video link, witness has to file an affidavit or an undertaking duly verified before a notary or a judge that the person who is shown as the witness is the same person as who is going to depose on the screen, A copy is to be made available to the other side (identification affidavit).
2. The persons who examine the witness on the screen has also to file an affidavit/undertaking before examining the witness with a copy to the other side with regard to identification. 3. The witness has to be examined during working hours of Indian courts. Oath is to be administered through the media.
3. The witness should not plead any inconvenience on account of time difference between Indian and USA.
4. Before examination of the witness, a set of plaint, written statement and other documents must be sent to the witness, so that the witness has acquaintance with the documents and an acknowledgement is to be filed before the court in this regard.
5. Learned Judge has to record such remarks as is material regarding the demo now of the witness while on the screen.
6. Learned Judge must note the objections raised during recording of witness and to decide the same at the time of arguments.
7. After recording the evidence, the same is to be sent to the witness and his signature is to be obtained in the presence of a Notary Public and thereafter it forms part of the record of the suit proceedings.
8. The visual is to be recorded and the record would be at both ends. The witness also is to be alone at the time of visual conference and notary is to issue certificate to this effect.
9. The learned Judge may also impose such other conditions as are necessary in a given set of facts.
10. The expenses and the arrangements are to be borne by the applicant, who wants this facility.

In Salem Advocates Bar Association, Tamil Nadu v. Union of India, AIR 2005 SC 3353 case, the Supreme Court  interpreted order XVIII R 4 (3) C.P.C that it provides that the evidence may be recorded either in writing or mechanically in the presence of Judge or commissioner. The use of the word mechanically indicates that the evidence can be recorded even with the help of the electronic media, audio or audio-visual and in fact whenever the evidence is recorded by the commissioner it will be advisable that there should be simultaneously at least an audio recording of the statement of the witness, so as to obviate any controversy at a later stage.

Processes of Identification:

Recording processes of identification, especially through audio-video means, is a crucial aspect of criminal investigations to ensure accuracy, transparency, and fairness. By recording processes of identification through audio-video means, law enforcement authorities can enhance the reliability and credibility of identification procedures, promote accountability and transparency, and ensure the fair administration of justice. Here’s how the process typically unfolds:

• Preparation: Law enforcement officials or legal authorities prepare by ensuring that appropriate audio-visual recording equipment is available and functioning properly. This may include cameras, microphones, and recording devices capable of capturing high-quality audio and video.
• Identification Procedure: Depending on the specific method chosen for identification (e.g., lineup, photo array, live lineup), the identification procedure is conducted according to established protocols and legal standards. The suspect or individual being identified stands alongside other individuals (known as “foils” or “fillers”) who resemble them in appearance.
• Recording Setup: Audio-visual recording equipment is strategically positioned to capture the entire identification process comprehensively. This includes recording the lineup or identification procedure, as well as the interactions between participants and officials overseeing the process.
• Informed Consent: Individuals participating in the identification procedure are informed about the purpose of the recording and their rights regarding the process. In some jurisdictions, individuals may be required to provide explicit consent before their participation is recorded.
• Execution of Identification: Participants are presented with options for identification, and their responses are recorded in real-time using the audio-visual equipment. This includes capturing verbal statements, gestures, and any other relevant actions during the identification process.
• Documentation: Alongside the audio-visual recording, additional documentation is maintained to provide context and clarity to the recorded identification procedure. This may include notes summarizing key points, timestamps indicating the duration of the recording, and details about the individuals involved.
• Review and Analysis: Recorded audio-visual footage of the identification process is reviewed and analyzed by investigators, prosecutors, defence attorneys, and other relevant parties as part of the legal proceedings. This analysis may involve assessing the accuracy of identifications, evaluating the reliability of witnesses, and identifying any potential issues or discrepancies.
• Admissibility in Court: The recorded audio-visual footage of the identification process may be submitted as evidence in court proceedings, subject to admissibility requirements and legal standards. The admissibility of recorded identification footage depends on factors such as relevance, authenticity, reliability, and compliance with procedural safeguards.

Recording processes of identification through audio-visual means enhances the reliability, transparency, and fairness of the identification process, contributing to the integrity and effectiveness of the criminal justice system.

In Jagjit Singh v. State of Haryana, 2006 11 SCC 1 case, the speaker of the Legislative Assembly of the State of Haryana disqualified a member for defection. When hearing the matter, the Supreme Court considered the digital evidence in the form of interview transcripts from the Zee News television channel, the Aaj Tak television channel and the Haryana News of Punjab Today television channel. The court determined that the electronic evidence placed on record was admissible and upheld the reliance placed by the speaker on the recorded interview when reaching the conclusion that the voices recorded on the CD were those of the persons taking action. The Supreme Court found no infirmity in the speaker’s reliance on the digital evidence and the conclusions reached by him.

Processes of Search and Seizure:

Audio-video recording of processes related to search and seizure in criminal investigations is a crucial practice to ensure transparency, accountability, and the protection of individuals’ rights. By recording processes of search and seizure through audio-video means, law enforcement agencies can enhance transparency, accountability, and adherence to legal standards, thereby safeguarding the rights of individuals and maintaining the integrity of criminal investigations. Here’s how the process typically unfolds:

• Preparation: Law enforcement officials or legal authorities ensure that appropriate audio-visual recording equipment is available and functioning properly before initiating the search and seizure operation. This may include cameras, microphones, and recording devices capable of capturing high-quality audio and video.
• Authorization and Identification: Before conducting a search and seizure, law enforcement officers present the necessary legal authorization, such as a search warrant, to the occupants of the premises. They identify themselves, explain the purpose of the search, and inform the individuals of their rights.
• Recording Setup: Audio-visual recording equipment is strategically positioned to capture the entire search and seizure process comprehensively. This includes recording the entry into the premises, the search of rooms and belongings, interactions between officers and occupants, and the handling of seized items.
• Execution of Search: Law enforcement officers conduct the search according to the terms specified in the search warrant. They systematically search the premises, documenting their actions, observations, and any items seized during the process. All actions are recorded in real-time using the audio-visual equipment.
• Inventory and Documentation: As items are seized during the search, officers create an inventory listing each item seized, its description, and its location. Detailed documentation of the search, including the date, time, location, officers involved, and any relevant circumstances, is maintained throughout the process.
• Monitoring and Oversight: The search and seizure operation is monitored by supervisory personnel or judicial authorities to ensure compliance with legal requirements and procedural safeguards. Any deviations from established protocols are noted and addressed promptly.
• Review and Analysis: Recorded audio-visual footage of the search and seizure process is reviewed and analyzed by investigators, prosecutors, defence attorneys, and other relevant parties as part of the legal proceedings. This analysis may involve assessing the legality of the search, evaluating the handling of seized items, and identifying any potential issues or discrepancies.
• Admissibility in Court: The recorded audio-visual footage of the search and seizure process may be submitted as evidence in court proceedings, subject to admissibility requirements and legal standards. The admissibility of recorded search and seizure footage depends on factors such as relevance, authenticity, reliability, and compliance with procedural safeguards.

Recording processes of search and seizure through audio-visual means enhances transparency, accountability, and adherence to legal standards, contributing to the integrity and fairness of the criminal justice system.

Transmission of Electronic Communication:

Recording the transmission of electronic communication through audio-video means involves capturing and documenting the exchange of electronic messages, such as emails, text messages, or instant messages, in real-time. Recording the transmission of electronic communication through audio-video means enables law enforcement agencies to gather evidence effectively, monitor criminal activities, and uphold the rule of law while adhering to privacy and legal rights protections. Here’s how the process typically occurs:

• Setup and Configuration: Law enforcement agencies or authorized entities set up audio-visual recording systems capable of capturing electronic communication exchanges. This may involve installing surveillance cameras, network monitoring software, or other recording devices to monitor electronic communication channels.
• Monitoring and Recording: The recording system continuously monitors electronic communication channels, including email servers, messaging platforms, and network traffic. Whenever a communication exchange occurs, the system captures the content of the messages, including text, images, or attachments, as well as metadata such as timestamps and sender/receiver information.
• Data Storage: Recorded electronic communication data is securely stored in digital archives or databases equipped with appropriate security measures to prevent unauthorized access or tampering. Encryption and access controls are often employed to protect the integrity and confidentiality of the recorded data.
• Retention Policies: Law enforcement agencies or relevant authorities establish retention policies specifying the duration for which recorded electronic communication data should be retained. These policies take into account legal requirements, investigative needs, and privacy considerations.
• Access and Retrieval: Authorized personnel, such as law enforcement officers, prosecutors, or judicial authorities, have access to the recorded electronic communication data as needed for investigative or legal purposes. Access controls and audit trails may be implemented to track and monitor access to the recorded data.
• Social Media Evidence: Social media evidence includes content from platforms like Facebook, Twitter, Instagram, and LinkedIn. Its admissibility in Indian courts also depends on authenticity, relevance, and whether it has been tampered with. The courts are increasingly accepting social media evidence, given its growing importance in today’s digital world.
• Cell Phone & Call Recordings: Call recordings and data retrieved from cell phones are another significant form of electronic evidence. Their admissibility is contingent upon proper authentication, adherence to privacy laws, and confirmation that the recordings have not been tampered with. The legal framework around such evidence is continually evolving, reflecting technological advancements and privacy considerations.
• Analysis and Investigation: Recorded electronic communication data is analyzed as part of criminal investigations to gather evidence, identify suspects, establish timelines, or uncover patterns of criminal activity. Advanced analytical tools and techniques may be used to process and interpret the recorded data efficiently.
• Admissibility in Court: The recorded electronic communication data may be submitted as evidence in court proceedings, subject to admissibility requirements and legal standards. Authentication procedures and chain of custody documentation may be necessary to establish the integrity and reliability of the recorded data.

Recording the transmission of electronic communication through audio-visual means enables law enforcement agencies to gather evidence effectively, monitor criminal activities, and uphold the rule of law while adhering to privacy and legal rights protections. It provides valuable insights into digital interactions and can help establish facts, uncover motives, and support the prosecution’s case in court.

In State v. Navjot Sandhu, on 4 August, 2005 case, concerning the 2001 Indian Parliament attack, the Supreme Court ruled that electronic records, particularly mobile phone records, could be admitted as evidence even without a certificate under Section 65B. This judgment was pivotal in recognizing electronic evidence’s importance and utility in legal proceedings.

In Anvar P.V. vs P.K Basheer, AIR 2015 SC 180 case, contrasting the earlier stance in Navjot Sandhu, the Supreme Court emphasized the mandatory requirement of a certificate under Section 65B(4) for the admissibility of an electronic record as secondary evidence. This judgment underscored the importance of compliance with statutory requirements, reinforcing the procedural sanctity in handling electronic evidence. This particular judgment marked a significant shift, bringing forth a stringent approach towards the admissibility of electronic records, aligning more closely with the intent of the legislators when Section 65B was formulated.

Electronic Evidence:

Audio-visual electronic evidence plays a significant role in the criminal justice system, providing valuable information and supporting various stages of investigations and legal proceedings. Audio and video recordings captured by electronic devices such as CCTV cameras, smartphones, or digital recorders may be submitted as evidence in court proceedings. Here’s how audio-visual electronic evidence is utilized:

• Documentation of Crime Scenes: Video recordings of crime scenes capture crucial details such as the condition of the scene, evidence placement, and witness testimonies. This documentation assists investigators in reconstructing events and gathering initial evidence.
• Surveillance Footage: Video surveillance recordings from cameras installed in public places, businesses, or private residences often serve as critical evidence in criminal investigations. These recordings can capture the movements of suspects, the commission of crimes, or the presence of key individuals at specific locations and times.
• Interrogation Recordings: Audio and video recordings of suspect interrogations provide an accurate record of statements made during police interviews. These recordings help ensure that interrogation techniques comply with legal standards and provide transparency in the investigative process.
• Witness Testimony: Video recordings of witness statements or courtroom testimony offer first-hand accounts of events or observations. This visual evidence allows judges and juries to assess the credibility and demeanour of witnesses, enhancing the reliability of their testimony.
• Confession Tapes: Video recordings of suspect confessions or admissions are powerful pieces of evidence in criminal cases. They provide direct evidence of a suspect’s involvement in a crime and can significantly impact trial outcomes.
• Digital Forensic Evidence: Audio and video files recovered from digital devices, such as smartphones, computers, or surveillance systems, often contain valuable evidence in the form of conversations, images, or videos related to criminal activities. Digital forensic analysis of these files helps investigators reconstruct timelines, identify suspects, and establish motives.
• Expert Testimony: Forensic experts may analyze audio-visual evidence to provide expert testimony on issues such as image or audio authenticity, enhancement techniques, or the interpretation of digital data. Their expertise helps clarify complex technical aspects of the evidence for judges and juries.
• Reconstruction and Demonstrations: Audio-visual evidence can be used to reconstruct crime scenes, demonstrate the sequence of events, or illustrate key elements of a case during trial presentations. These reconstructions and demonstrations help clarify complex issues and facilitate understanding among jurors.
• Legal Presentations: Attorneys use audio-visual evidence during legal proceedings to present arguments, cross-examine witnesses, or impeach credibility. Presenting evidence in a visual format enhances the effectiveness of legal arguments and aids in persuading judges and juries.

Thus, audio-visual electronic evidence serves as a critical tool in the criminal justice system, providing investigators, prosecutors, defence attorneys, judges, and juries with valuable information to ensure fair and effective administration of justice.

While audio-video has the potential to strengthen the quality of evidence, it is also more susceptible to alteration, modification and transposition, through direct intervention or unintended corruption of a digital record.

In United States District Court for Maryland in Lorraine v. Markel American Insurance Company in 2007 held that when electronically stored information is offered as evidence, the following to be ascertained.

• is the information relevant;
• is it authentic;
• it hearsay;
• is it original or, if it is a duplicate, is there admissible secondary evidence to support it; and
• does its probative value survive the test of unfair prejudice?

In Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1 case, the Supreme Court held that the procedure under Section 65B the Indian Evidence Act must be mandatorily provided for the admissibility of an electronic record. This procedure is essential in order to ensure the authenticity and accuracy of electronic evidence.

In Shafhi Mohammad v. The State of Himachal Pradesh on 30 January, 2018 case, the Supreme Court not only emphasised the significance of audio-video technology to aid the police in crime scene investigation, but also drew attention to the importance of building institutional and infrastructural capacity for its effective and mandatory implementation. During the proceedings in this case, infrastructural and institutional limitations, across states, in the effective use of audio-video technology in investigation were highlighted including lack of funding; equipment; systems for collection, and secure storage and transfer of electronic record; training; and forensic facilities.

Importance of Audio-Video Electronic Means:

Audio-video electronic means play a crucial role in modern criminal investigations due to their numerous benefits and capabilities. Here are several reasons why audio-video electronic means are important in criminal investigations:

• Enhanced Evidence Collection: Audio-video recordings provide visual and auditory documentation of crime scenes, witness statements, suspect interviews, and other critical aspects of investigations. This visual evidence can significantly strengthen the case by providing clarity and context to events.
• Preservation of Evidence: Audio-video recordings preserve evidence in its original form, preventing tampering, distortion, or misinterpretation. This ensures the integrity and admissibility of evidence in court proceedings, enhancing its reliability and credibility.
• Accuracy and Objectivity: Audio-video recordings capture events as they occur, offering an unbiased and objective account of incidents. This reduces the risk of human error, bias, or memory distortion associated with verbal or written reports.
• Transparency and Accountability: Recording investigative procedures promotes transparency and accountability within law enforcement agencies. It allows supervisory personnel, legal authorities, and the public to review and assess the conduct of investigations, ensuring adherence to legal standards and procedural safeguards.
• Facilitated Documentation: Audio-video recordings serve as comprehensive documentation of investigative processes, including search and seizure operations, suspect interrogations, and witness interviews. This documentation aids in record-keeping, report writing, and case preparation, facilitating efficient and effective investigations.
• Corroboration of Testimony: Audio-video recordings corroborate witness testimony and investigative findings, providing corroborative evidence to support or refute claims made during investigations or court proceedings. This strengthens the credibility of witness statements and enhances the overall reliability of the case.
• Enhanced Investigative Techniques: Audio-video technology enables law enforcement agencies to employ advanced investigative techniques, such as surveillance operations, undercover stings, and forensic analysis. These techniques leverage audio-video recordings to gather intelligence, track criminal activities, and identify suspects.
• Admissible Evidence in Court: Audio-video recordings are often admissible as evidence in court proceedings, subject to authentication and admissibility requirements. They provide visual and auditory representations of events, allowing judges and juries to assess the evidence and render informed decisions.

Thus, audio-video electronic means play a pivotal role in modern criminal investigations by providing reliable, objective, and comprehensive documentation of events, enhancing transparency, accountability, and the pursuit of justice.

Provisions in BNSS for the Use of Audio-Video Electronic Means:

• According to the proviso attached to Section 54 BNSS, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with and the identification process shall be recorded by any audio-video electronic means.
• According to Section 105 BNSS, the process of conducting search of a place or taking possession of any property, article or thing under this Chapter or under section 185 BNSS, including preparation of the list of all things seized in the course of such search and seizure and signing of such list by witnesses, shall be recorded through any audio-video electronic means preferably mobile phone and the police officer shall without delay forward such recording to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.
• According to proviso attached to Section 176(1) BNSS, during process of investigation in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality and such statement may also be recorded through any audio-video electronic means including mobile phone.
• According to the proviso attached to Section 180(3) BNSS, during examination of witness by police, the police officer may reduce into writing any statement made to him in the course of an examination under Section 183; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records. The statement made under this sub-section may also be recorded by audio-video electronic means.
• According to the proviso attached to Section 183(1) BNSS, any Magistrate of the District may record any confession or statement made under Section 183(1) BNSS by audio-video electronic means in the presence of the advocate of the person accused of an offence.
• According to the proviso attached to Section 183(6)(a) BNSS, if the person making the statement is temporarily or permanently, mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be recorded through audio-video electronic means preferably by mobile phone.
• According to Section 187(4) BNSS, no Magistrate shall authorise detention of the accused in custody of the police under Section 187 unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the audio-video electronic means.
• Aaccording to Section 251(2) BNSS, during framing charge, where the Judge frames any charge under clause (b) of sub-section (1) of Section 251, the charge shall be read and explained to the accused present either physically or through audio-video electronic means and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
• According to Section 254(1) BNSS, on the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution. Such evidence of a witness under Section 254(1) BNSS may be recorded by audio-video electronic means.
• According to Section 254(2) BNSS, in the case of evidence for prosecution, the deposition of evidence of any public servant may be taken through audio-video electronic means.
• During warrant case trial, if the accused do not plead guilty then according to proviso attached to Section 265(3) BNSS, the examination of a witness under Section 265(3) BNSS may be done by audio-video electronic means at the designated place to be notified by the State Government.
• According to Section 266(2) BNSS, during evidence of defence, the examination of a witness under Section 166(2) may be done by audio-video electronic means at the designated place to be notified by the State Government.
• According to Section 308 BNSS, except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his advocate including through audio-video electronic means at the designated place to be notified by the State Government.
• According to proviso attached to Section 310(1) BNSS, in warrant cases, evidence of a witness under Section 310(1) BNSS may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence.
• According to Section 336 BNSS, where any document or report prepared by a public servant, scientific expert or medical officer is purported to be used as evidence in any inquiry, trial or other proceeding under this Sanhita, and he is not available due to reasons mentioned in Section 336 BNSS, then the deposition of successor public servant, expert or officer may be allowed through audio-video electronic means.
• According to Section 356(5) BNSS, in case of inquiry, trial or judgment in absentia of proclaimed offender, the deposition and examination of the witness, may, as far as practicable, be recorded by audio-video electronic means preferably mobile phone and such recording shall be kept in such manner as the Court may direct.
• According to Section 392(5) BNSS, at the time of judgment, if the accused is in custody, he shall be brought up to hear the judgment pronounced either in person or through audio-video electronic means.
• According to Section 530 BNSS, all trial and proceedings related to it to be held in electronic mode, by use of electronic communication or use of audio-video electronic means.

Conclusion:

Audio-visual means play a pivotal role in the criminal justice system, offering numerous benefits that enhance the fairness, transparency, and efficiency of legal proceedings and investigative processes. By providing visual and auditory documentation of events, interactions, and evidence, audio-visual technologies contribute to the integrity and effectiveness of the criminal justice system. Audio-visual recordings capture crucial details, including witness statements, suspect interrogations, crime scene reconstructions, and surveillance footage. This comprehensive documentation strengthens the evidentiary value of information presented in court, ensuring a more accurate representation of events. The use of audio-visual recording promotes transparency and accountability by providing a clear record of interactions between law enforcement officials, suspects, witnesses, and legal professionals. This transparency fosters public trust in the criminal justice system and helps prevent abuses of power.

Audio-visual recordings serve as reliable documentation of investigative procedures, legal proceedings, and witness testimony. This accurate record helps prevent discrepancies, errors, and misinterpretations, ensuring that the facts of a case are presented truthfully and objectively. Audio-visual evidence facilitates effective communication among stakeholders in the criminal justice system, including judges, attorneys, jurors, witnesses, and defendants. Visual presentations, demonstrations, and reconstructions help clarify complex issues, enhance understanding, and support informed decision-making. The use of audio-visual means promotes fairness and due process by ensuring that all parties have access to the same information and opportunities for presentation. By capturing events in real-time, audio-visual recordings help safeguard the rights of individuals and promote the fair administration of justice.

Audio-visual technologies streamline investigative processes, courtroom proceedings, and legal presentations, reducing the time and resources required for case management. Remote participation, digital evidence analysis, and virtual presentations contribute to the efficiency and cost-effectiveness of the criminal justice system. In summary, audio-visual means serve as indispensable tools in the criminal justice system, facilitating evidence collection, communication, transparency, and fairness. By leveraging audio-visual technologies effectively, legal authorities can uphold the rule of law, protect individual rights, and ensure the integrity of the judicial process.

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