MADURAI: Make audio and video recording of witness statements to police at least in serious cases, Madras high court told the home department and the director-general of police, saying it would prevent incidents of witnesses turning hostile.
Laying down guidelines to record statements usually made to police under Section 161 of CrPC, a division bench of Justice R Suresh Kumar and Justice K K Ramakrishnan said the investigating officer could orally examine the witness by asking questions to elicit answers wherever required. After this oral examination, witness statements may be recorded by audio-video and the same can be reduced into writing.
The judges observed that the investigating officer shall depute police personnel with knowledge in handling the video camera/body worn camera/mobile phone for audio-video recording the statement of witness. Both the investigating officer and witness should be covered in the video. Proper care should be taken to ensure that the audio and video is recorded clearly.
The recording shall be continuous and without any stoppage. In the case of unavoidable stoppage of recording, the reason for the same shall be duly mentioned in the statement of recording officer. Editing of audio-video recording shall be avoided to preserve the authenticity of the video. Any editing, truncating made intentionally will result in prosecution for fabrication of record as well as false evidence, observed the judges.
The judges observed that necessary copies of the statement shall be made in CD of pendrive for sending it to court, to be kept in case diary by the investigating officer and for serving upon the accused. The recorded statement as well as the CD under Section 161 Cr PC, should be produced to the judicial magistrate along with the witnesses for recording the statement under Section 164 of CrPC. The magistrate shall follow the procedure for recording the 164 Cr PC statements without any further delay on their part.
Stressing the need to give protection to the witnesses and to treat them with dignity and respect, the judges directed the home secretary and the DGP to issue appropriate instructions to the officials to comply with these directions.
The court passed the directions while confirming the order of the Ramanathapuram mahila court which had acquitted persons who were accused of murdering a woman and her two children in Ramanathapuram district in 2010, since the witnesses in the case turned hostile.
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