Court affirms that deleted CCTV footage cannot be summoned; emphasizes adherence to Supreme Court directives on CCTV installations in police stations.
In a significant ruling, the Chhattisgarh High Court has dismissed a petition filed by Banwari Lal Gupta and others, seeking the production of deleted CCTV footage from Police Station Gaurela in connection with an NDPS case. The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, held that the trial court was justified in rejecting the petitioners' request under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as the footage had been automatically deleted after the statutory retention period of 18 months.
The petitioners, facing charges under the Narcotic Drugs and Psychotropic Substances Act, 1985, argued that the CCTV footage would prove their illegal detention by the police prior to the official arrest date. However, the court found that the footage was unavailable and underscored that the relevance and availability of evidence are crucial for its production.
The court also noted that the petitioners could utilize the Call Detail Records (CDRs) that had been placed on record by the police, thereby addressing their concern regarding the unavailability of the CCTV footage. The bench emphasized the importance of following Supreme Court directives from cases like Shafhi Mohammad v. State of Himachal Pradesh and Paramvir Singh Saini v. Baljit Singh, which mandate the installation and proper maintenance of CCTV systems in police stations to ensure transparency and accountability.
Highlighting the oversight mechanisms in place, the court instructed the State of Chhattisgarh and its authorities to ensure compliance with these directives, including the regular inspection and monitoring of CCTV systems. The court's decision underscores the balance between the need for transparency in police operations and the practical limitations regarding the availability of electronic evidence.
Bottom Line :
Court's power under Section 94 of Bharatiya Nagarik Suraksha Sanhita, 2023 does not obligate the production of unavailable records, like deleted CCTV footage, merely on an accused's assertion. Relevance and availability are key considerations.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 94, Constitution of India, 1950 Article 226, Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 20(b), 29, Bharatiya Nyaya Sanhita, 2023 Section 111
Banwari Lal Gupta v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2965463
