Lucknow, Aug 25 (PTI) The Allahabad High Court Tuesday said the BNSS clearly mandates audio-video recording of search and seizure proceedings by police and there should be no difficulty for officers in complying with the requirement as it granted interim anticipatory bail to four persons arrested in an alleged cow slaughter case.
A Lucknow bench of Justice Rajeev Bharti observed that audio-video recording has become commonplace in the present age and, therefore, compliance with section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) should not be considered burdensome or complicated.
Section 105 provides for audio-video recording, preferably through a mobile phone, of the process of search and seizure, including the preparation and signing of the seizure memo by witnesses.
The recording is required to be forwarded without delay to the magistrate concerned.
The court made the observations while hearing anticipatory bail pleas filed by four accused in the case registered at Gosainganj police station in Sultanpur district under provisions of the Uttar Pradesh Prevention of Cow Slaughter Act.
It was pleaded on behalf of the applicants that their names did not figure in the FIR and surfaced subsequently on the basis of statements allegedly made by a co-accused. The applicants also relied on a July 21, 2025 circular issued by the state Director General of Police, which makes audio-video recording mandatory during search and recovery proceedings.
It was argued that no audio-video recording of the search or recovery had been conducted in the present case and, consequently, the prosecution lacked such corroborative material to substantiate its allegations.
Taking note of the submissions, the court also considered that the applicants had no criminal history, had undertaken to cooperate with the investigation and that one of the co-accused had already been granted interim anticipatory bail.
The bench accordingly granted interim anticipatory bail to all the four applicants. The protection will remain operative till the next date of hearing or submission of the charge sheet, whichever is earlier. PTI COR NAV ZMN
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