The Allahabad High Court, while hearing a case relating to the alleged theft of 40 motorcycles, directed the Director General of Police (DGP), Lucknow, Uttar Pradesh, to issue a detailed Standard Operating Procedure (SOP) for mandatory recording of search and seizure as prescribed under Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The Court observed that the “Director General of Police, U.P., Lucknow to issue detailed SOP as required by Rules 18(5) of the Uttar Pradesh Bharatiya Nagarik Suraksha Rules, 2024 for mandatorily conducting audio video recording of search, seizure or possession of property or other incriminating material including the preparation of list of articles or property seized as well as signature of witnesses on E-Sakshya portal and uploading the same or through other audio, video electronic means including mobile phone of police officers on duty…………”
Taking a strict view of non-compliance, the High Court further noted that “…… failing to comply mandatory requirement of Section 105 of BNSS read with Rule 18 of the the Uttar Pradesh Bharatiya Nagarik Suraksha Rules, 2024 may attract disciplinary proceeding against the concerned police officer……..”
The order was passed by a Single Judge Bench of Justice Arun Kumar Singh Deshwal while granting conditional bail to the accused Shadab. The accused has been booked under Sections 305(2) and 317(2) of the BNS, 2023 in a case registered at Mansoorpur Police Station, Muzaffarnagar, wherein it was alleged that he, along with four co-accused, was involved in the theft of 40 motorcycles, all of which were allegedly recovered from their joint possession.
Seeking bail, counsel for the applicant argued that the applicant’s name did not figure in the FIR and that he had been falsely implicated in the case.
Upon consideration, the Court found that despite the alleged recovery of a large number of motorcycles, there was neither any independent witness nor any videography of the search and seizure proceedings. The Court noted that a conjoint reading of Section 105 of the BNSS, 2023 with Rule 18 of the Uttar Pradesh Bharatiya Nagarik Suraksha Rules, 2024 makes it mandatory to record such proceedings through the E-Sakshya App or other electronic means. In the present case, the Uttar Pradesh Police had failed to carry out the mandatory recording and preparation of a proper seizure list.
The Court observed that this lapse not only reflected negligence but also arbitrariness on the part of the police, rendering the prosecution version regarding the recovery of seized articles doubtful.
Explaining the object behind the mandatory provisions under Rule 18 of the BNSS, the Court stated that “……..on the one hand it would save innocent persons from false implication by showing false recovery of property or articles and on the other hand to prepare foolproof evidence against the criminals for hearing the bail application as well as during trial.”
The High Court emphasised that as per the statutory mandate, the video recording of search or seizure must form part of the case diary and be forwarded to the Magistrate within 48 hours. The Court also pointed out that despite a Circular issued by the DGP on 21 July 2025, no detailed SOP under Rule 18(5), in coordination with the NCRB, had been issued so far.
Expressing concern, the Court noted that it was repeatedly coming across cases where neither independent witnesses were found regarding recovery of any article nor videography of recoveries was conducted. Finally, considering that the co-accused had already been granted bail due to lack of mandatory videography, and keeping in view the issue of overcrowding in jails, the Court ordered the release of the accused on furnishing a personal bond along with two sureties.
Case: Shadab vs State of U.P.
Date of Order: 05.01.2025
See Order: Shadab vs State of U.P.
