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Mahanthi kishore kumar   06 August 2020

Audio video recording of witnesses examination

Sir, can you anyone clarify/explan is it mandatory for IO to video recording of examination of witnesses in SC ST PoA Amendment act 2015. Please let me know section/judgement which making mandatory.


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 1 Replies

Nirali Nayak   08 June 2021

Hello sir, greetings of the day. 
As per your query, Under Section 15A(10) of SC/ST POA, it has been made mandatory to video record all the witness statements. This was added as a result of the problem found in the conviction rate of the crimes against SC community as majority of the witnesses turned hostile during the court proceedings. The actual purpose of video recording is “physical protection”, protecting the witnesses during proceedings. The video recorded can be produced at the courts as video evidence of the witnesses’ statements. In Raindra Singh vs State of Uttar Pradesh and Another, 2019, the High Court ordered that it is the responsibility of the Investigating Officer or the Station House Officer to record the complaint of the victim and the witness. The Court also held that all the court proceedings relating to the offences which come under SC/ST Prevention of Atrocities Act must be video recorded. 
I hope you got your answer.
Regards
Nirali Nayak
Law Student 


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