Madras HC on audio and video recording of witness statements

Kosha Doshi | Symbiosis Law School, Pune | 31st March 2020

Satheesh Kumar & Ors. v. Inspector of Police [Crl A(MD) No. 482 & 513 of 2017; Madras High Court]

Facts:

The criminal appeals 482 and 513 of 2017 were heard on Friday, 8^th November 2019. The appellants then were Satheesh Kumar and Sankar while the respondent was the Sate in both cases. The State was represented by the Inspector of Police, Ariyamangalam Police Station, Trichy. In 2014, the deceased person was talking with the defacto complainant and his wife, following which the accused with an intention to murder the deceased persuaded him to exhibit him the first floor. Soon on the first floor a fight broke out where the descended was brutally attacked with a knife. 

            The trial process set about but even before the Test Identification Parade took place a witness turned hostile causing a deviation in the course of the case. The appellants were convicted and sentenced for 10 years rigorous life imprisonment along with an authorized fine of 5000/- These criminal appeals had been filed against the decision of the III-Additional District and Sessions Judge. 

The batch of appeals was heard by Justice S Vaidyanathan and Justice N Anand Venkatesh of the Madhurai Bench of the Madras High Court. The bench observed an escalation in the number of cases in the past 2 months. This has led to a boast in the number of acquittals. The judges felt the need to curb this increase by bringing about deterrence to avoid further acquittal due to hostile witnesses. The hick has led to people losing faith in the judicial system of India. 

            The order passed was regarding Section 161 and 164 of Code of Criminal Procedure, 1973 which has been only stated in books and not implemented to its full capability. In addition to that it also dealt with special courts using electronic means to record witnesses of victim girls related to POSCO Act cases.

Judgment:

The judges looked into the Act 5 of 2009 of Section 161(Code of Criminal Procedure, 1973) which was introduced on 31^st December, 2009 for the audio and video recording of witnesses through electronic means. They ordained that this Act was restricted to theory only and practicality of it was lagging. An additional insight into Section 164 of Code of Criminal Procedure, 1973 took place by the judges. Section 164 puts forth the concept of recording confessions and statements by Metropolitan Magistrates or Judicial Magistrates.

            The order passed would help the court impeach credit of witnesses under Section 155 of the Indian Evidence Act thereby providing the court an opportunity to take proper action for perjury by witnesses. It further mentions the scientific advancements in today’s times which could drastically impact the quality of investigation and aid not only the witnesses but also the prosecution. Keeping this in mind, the court with the assistance of the Bar plans to implement electronic means of audio and video recording of witnesses on regular basis. 

             They also set out the use of audio and video recording of witnesses as a means to be implemented through the State for future interrogation. The registry was directed to mark a copy of the order to the Madurai Bench of Madras High Court Bar Association, High Court Complex, Madurai (MMBA), Madurai Bench of Madras High Court Advocate Association (MBHAA), and High Court complex, Madurai and Women Advocates Association, High Court Complex, Madurai. The appeal which took place on 8^th November was then adjourned to be posted in the same caption on 13^thNovember at 2:15 pm.