Madras HC Directs State To Implement Audio-Video Recording Of Witness Statements [Read Order]

"When the entire world is moving towards electronic means, it is high time that the criminal prosecution must also take advantage of this development and it will strike a balance between the rights of the accused and the rights of the victim." The court directed, In all crimes, particularly, offences affecting the human body covered under Chapter XVI of IPC and punishable with imprisonment of 10 years and above, the statements of eyewitnesses, the injured witnesses and the complainant shall be recorded during investigation under Section 164 of CrPC, and through audio-video electronic means, wherever it is available. "In view of the above Judgment of the Hon'ble Supreme Court, it is now mandatory for the prosecution to examine the eyewitnesses as early as possible and their statements must be recorded under Section 164 of Cr.P.C., and it should also be recorded by audio-video electronic means. "Insofar as the recording of the statement of witnesses by audio-video electronic means as provided by proviso to sub-section 3 of Section 161 of Cr.P.C., this Court does not want to give any mandatory directions or issue any guidelines, for the present, in view of the fact that the Hon'ble Supreme Court is already dealing with this issue in greater detail in Shafhi Mohammad case and this Court wants to await the final decision of the Hon'ble Supreme Court in this regard. The State Government is directed to implement this scheme as per the directions given by the Hon'ble Supreme Court and a status report shall also be filed in this regard."