RIGHT TO RECORD THE AUDIO VIDEO GRAPHICS DURING INVESTIGATION
Submitted during internship under Legal Specs by Khushi Jain.
Section 161 of Cr.P.C. mention how police can interrogate you and take a statement from the individual. according to this section person can’t lie except for some conditions which are;
If you think the police will hold you liable in any criminal matter
Any penalty would be enforced on you
Or it is your valuable forfeit
Police will write every statement given by the accused but if the police want then they can also record it by audio video electronic means. It is not from the very starting but was amended in the code of criminal procedure in 2009 and enforced on 31st December, 2009. It was embedded in the law because of the increasing torture and violation of human rights which is also an international convention, during the police investigation.
According to the police law commission the word torture should end with he police investigation. It is also provided in Article 21 of the Indian constitution that any person cannot obtain any statement of other people after abusing or frightening him. That statement would not be considered valid and the act becomes unconstitutional.
The procedure of investigation must be just, fair, and intelligent. No 3rd degree of torture should be used. According to the report no.: 152 of Law Commission of India, 1994 if there is any injury or death during custody then that police officer is responsible under whom the accused is in custody with. So, the innocence would be proved from the side of police.
According to Section 114(b) of the Indian Evidence Act, if any injury or death is caused to the accuse during the time of custody then the prosecution would presume police to be liable if no innocence can be proved.
In the case D.K. Basu v State of West Bengal & Ors., the rights of accused person is given. Human Rights Violation offices should be set up in each state and C.C.T.V. camera should be installed in every police station so that human right violation can stop. State like Delhi, Arunachal Pradesh, Meghalaya, Assam and many more doesn’t have human right offices. It was also ordered that a non- official body should be appoint for surprise visit.
In the case Paramvir Singh Saini v Baljit Singh & Ors., Supreme Court order every police station to install C.C.T.V. cameras in every area whether inside or outside the station which also should have night vision. Solar Panels or Windmill also should be restored so that there is no excuse that electricity was cut. And for all this S.H.O. would be responsible. Not only this court also stated that there should be installment of camera in every Central Bureau Agencies like C.B.I., N.I.A., E.D., etc. where investigation and authority has power to arrest.
So, in conclusion if accused is in police station for interrogation, then individual has right to record the audio video graphics of that investigation as it is his basic fundamental right as well as provided under Section 161 of Cr. P.C.