Police Stations Or Places Under Police Dept Control Can't Be Designated As Places To E-Record Witness Evidence Under BNSS : MHA To States/UTs

The Union Ministry of Home Affairs has written to the State Governments stating that police stations or places under the control of the police department cannot be designated as places for the examination of witnesses via audio-video electronic means under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

According to Sections 265 (evidence for prosecution), 266 (evidence for defence), and 308 (evidence to be taken in the presence of the accused) of the BNSS, witnesses can be examined through audio-video electronic means at designated locations to be notified by State governments.

The Home Secretary wrote to the Chief Secretaries of all the States/Union Territories and clarified that these designated locations cannot include police stations or any places under the control of the police department.

"It is clarified that for the purposes of the above sections(265, 266 and 308), police stations or places under the control of the Police Department may not be designated as places for the examination of witnesses through audio-video electronic means," the letter dated July 15 stated.

BNSS replaced the Code of Criminal Procedure with effect from July 1.