PARAMVIR SINGH SAINI versus BALJIT SINGH & ORS.

PARAMVIR SINGH SAINI versus BALJIT SINGH & ORS.

The Court directed implementation of comprehensive measures to ensure use of photography and videography at crime scenes and installation of CCTV cameras with audio and night-vision capabilities in every police station and in offices of investigative/enforcement agencies; it mandated the constitution of a Central Oversight Body (COB), State Level Oversight Committees (SLOC) and District Level Oversight Committees (DLOC) with defined duties, assigned responsibility for working and maintenance to the Station House Officer, required preservation of recorded data (target 18 months, minimum 1 year until technology permits), ordered creation of Human Rights Courts under the Protection of Human...

Parties
Appellant: Paramvir Singh Saini; Respondent: Baljit Singh & Ors.; Intervenor/party of Interest: Union of India
Jurisdiction
India
Judgment Date
02 December 2020
Procedural Posture
Special Leave Petition (criminal) / Order (directions Issued)
Outcome
Directions issued
Legal Topics
Use of CCTV and Videography at Crime Scenes, Audio Video Recording of Section 161(3) Cr PC Statements, Installation and Maintenance of CCTV in Police Stations and Investigative Agencies, Oversight Committees (central, State, District), Retention and Storage of CCTV Footage, Establishment of Human Rights Courts for Custodial Violations
Criminal Law Human Rights Police Administration Evidence Use of CCTV and Videography at Crime Scenes Audio Video Recording of Section 161(3) Cr PC Statements Installation and Maintenance of CCTV in Police Stations and Investigative Agencies Oversight Committees (central, State, District) +2 more

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Parties

Paramvir Singh Saini

Appellant

Baljit Singh & Ors.

Respondent

Union of India

Intervenor/party of Interest

Procedural Posture

Special Leave Petition (criminal) / Order (directions Issued)

Legal Issues

  1. 1 Whether audio-video recording of statements under Section 161(3) CrPC and videography at crime scenes should be implemented
  2. 2 Whether CCTV cameras with specified features must be installed in every police station and in offices of investigative/enforcement agencies
  3. 3 What oversight mechanisms (Central/State/District) should be constituted and what their duties are

Ratio Decidendi

The Court directed implementation of comprehensive measures to ensure use of photography and videography at crime scenes and installation of CCTV cameras with audio and night-vision capabilities in every police station and in offices of investigative/enforcement agencies; it mandated the constitution of a Central Oversight Body (COB), State Level Oversight Committees (SLOC) and District Level Oversight Committees (DLOC) with defined duties, assigned responsibility for working and maintenance to the Station House Officer, required preservation of recorded data (target 18 months, minimum 1 year until technology permits), ordered creation of Human Rights Courts under the Protection of Human...

Court Disposition

Directions issued

Orders

  • All States and Union Territories to file detailed compliance affidavits and Action Taken Reports within six weeks stating exact number and position of CCTV cameras in each police station and details of Oversight Committees.
  • Ministry of Home Affairs/Union to file an affidavit updating the constitution and workings of the Central Oversight Body (COB).