Delhi Lawyers Demand Urgent BNSS Revisions Over Controversial LG Witness Videography Order

The legal fraternity in Delhi is currently up in arms, pushing for significant amendments to the recently enacted Bharatiya Nagarik Suraksha Sanhita (BNSS). At the heart of this legal storm is a controversial order issued by the Lieutenant Governor (LG) of Delhi, which permits the videography of witness examinations by police.

Lawyers across the capital are expressing grave concerns, asserting that this directive is not only unconstitutional but also poses a severe threat to the fundamental rights of witnesses and could undermine the integrity of the criminal justice system.

The core of the lawyers' contention revolves around the argument that the LG's order, while seemingly aimed at transparency, effectively bypasses crucial judicial safeguards.

They argue that mandating or even allowing the recording of witness statements by police without stringent oversight could lead to intimidation, coercion, and the potential for fabricated evidence. Legal experts highlight that witnesses, especially vulnerable ones, might be hesitant to testify freely if they know their statements are being recorded by the investigating agency, potentially influencing their testimony.

Prominent legal bodies, including the Delhi High Court Bar Association and various district court bar associations, have collectively appealed to the Union Home Ministry.

Their plea is not just to revoke the LG's order but to proactively introduce amendments within the BNSS itself to clearly define and restrict such practices. They emphasize the need for a balanced approach that respects both investigative requirements and the unalienable rights of individuals. The lawyers argue that any form of witness recording should ideally occur under judicial supervision or with explicit, robust safeguards to prevent misuse.

Concerns also extend to the implications for cross-examination and the overall trial process.

If witness statements are recorded by police, there's a risk that these recordings could be used selectively or out of context, potentially prejudicing the witness's credibility in court. Furthermore, the absence of clear guidelines on storage, access, and the chain of custody for such video evidence raises further questions about its admissibility and reliability in legal proceedings.

The legal community is steadfast in its demand, urging the government to acknowledge the serious constitutional ramifications of the LG's order.

They advocate for a comprehensive review of the relevant provisions within the BNSS to ensure that any new legal framework upholds the principles of fair trial, protects witness rights, and maintains the delicate balance between effective law enforcement and individual liberties. This ongoing debate underscores a critical moment for India's criminal justice reform, as legal professionals strive to ensure that new laws are implemented with due consideration for human rights and judicial integrity.