The Ministry of Home Affairs (MHA), through a letter dated 15th July 2024 issued by Union Home Secretary Ajay Bhalla, IAS, has instructed all States and Union Territories that police stations and premises under police control cannot be designated as venues for examination of witnesses via audio-video electronic means.
This directive comes under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which along with two other new laws — the Bharatiya Nyaya Sanhita (BNS), 2023 and the Bharatiya Sakshya Adhiniyam (BSA), 2023 — replaced colonial-era criminal codes on 1st July 2024.
Legal Framework: Sections 265, 266, and 308 of BNSS, 2023
The BNSS 2023 includes explicit provisions to modernize criminal procedures, particularly in the adoption of digital technology for judicial processes.
- Section 265 & 266: Provide for the recording of evidence and statements of witnesses using audio-video electronic means, ensuring speedier trials and reduced delays.
- Section 308: Allows for examination of witnesses through electronic platforms, especially when physical presence is difficult.
The recent MHA directive ensures that while technology is embraced, the neutrality of the venue is maintained, preventing any intimidation or undue influence if testimonies were to be recorded from police premises.
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Why Police Premises Are Barred
The MHA clarified that for fair and transparent proceedings, witness examination must take place in neutral, designated facilities rather than police-controlled spaces. The concern is that conducting such examinations in police stations could compromise the credibility, voluntariness, and independence of witness testimonies.
By barring police premises, the government aims to:
- Strengthen witness protection and confidence.
- Ensure compliance with the principle of free and fair trial.
- Standardize witness examination across the country under uniform guidelines.
Implementation at the State Level
The letter directs Chief Secretaries of all States and UTs to notify suitable places for conducting such witness examinations. States may need to designate court complexes, neutral public buildings, or judicial facilities equipped with audio-video technology to ensure seamless implementation.
The move aligns with the broader objective of the new criminal laws — to make justice citizen-centric, technology-driven, and more transparent.
Bigger Picture: Digital Justice Under New Criminal Laws
The adoption of BNSS, 2023 has brought several transformative changes:
- Wider acceptance of electronic records.
- Use of forensic evidence and mandatory digital documentation.
- Faster trials with reduced reliance on physical paperwork.
By excluding police stations as designated venues, the MHA has reaffirmed its intent to separate investigative and judicial functions and build greater trust in the system.