Case Note & Summary
The Supreme Court, in a special leave petition concerning the implementation of its earlier directions in Shafhi Mohammad v. State of Himachal Pradesh, addressed the failure of States and Union Territories to comply with orders regarding videography of crime scenes and installation of CCTV cameras in police stations. The Court noted that most compliance affidavits lacked details on the number, positioning, working condition, and recording capacity of CCTV cameras, as well as the constitution of oversight committees. To remedy this, the Court directed all States and Union Territories to file detailed compliance affidavits within six weeks, specifying the exact position of CCTV cameras in each police station. The Court mandated the constitution of State Level Oversight Committees (SLOC) comprising the Secretary/Additional Secretary of Home, Finance Secretary, Director General/Inspector General of Police, and Chairperson/member of the State Women's Commission, and District Level Oversight Committees (DLOC) comprising the Divisional Commissioner, District Magistrate, Superintendent of Police, and a mayor or head of Zilla Panchayat. The SLOC is responsible for purchase, installation, budgetary allocation, monitoring, and addressing grievances, while the DLOC supervises maintenance, interacts with Station House Officers (SHOs), sends monthly reports, and reviews footage for human rights violations. The Court emphasized that adequate funds must be allocated by State Finance Departments. The SHO of each police station is made responsible for the working, maintenance, and recording of CCTVs, and must immediately report any malfunction to the DLOC. CCTV systems must have night vision and audio-video recording, with data stored for a minimum of 1 year and up to 18 months. The Court also directed that complaints of custodial violence can be made to State Human Rights Commissions and Human Rights Courts, which must be set up in every district under the Protection of Human Rights Act, 1993, to summon CCTV footage. The Union of India was directed to file an affidavit on the constitution and workings of the Central Oversight Body and to install CCTV cameras in central investigating agencies' offices. The Court issued notice on the larger question of audio-video recording of Section 161 CrPC statements.
Headnote
A) Criminal Procedure - CCTV Installation in Police Stations - Oversight Committees - The Supreme Court directed all States and Union Territories to install CCTV cameras with audio and night vision in every police station, covering all entry/exit points, lock-ups, corridors, and other areas, with data storage for at least 1 year and up to 18 months. State Level Oversight Committees (SLOC) and District Level Oversight Committees (DLOC) must be constituted to monitor implementation, maintenance, and review footage for human rights violations. (Paras 10-17) B) Human Rights - Complaints Mechanism - Human Rights Courts - The Court directed that complaints of custodial violence may be made to State Human Rights Commissions and Human Rights Courts under the Protection of Human Rights Act, 1993, which can summon CCTV footage for investigation. Human Rights Courts must be set up in every district. (Para 18) C) Criminal Procedure - Audio-Video Recording of Section 161 CrPC Statements - The Court issued notice on the question of audio-video recording of statements under Section 161(3) proviso CrPC, as part of the larger issue of CCTV installation in police stations. (Para 5)
Issue of Consideration
Whether the directions in Shafhi Mohammad v. State of Himachal Pradesh regarding videography of crime scenes and installation of CCTV cameras in police stations have been implemented, and what further directions are necessary to ensure compliance and prevent custodial violence.
Final Decision
The Supreme Court directed all States and Union Territories to file detailed compliance affidavits within six weeks, constitute State Level and District Level Oversight Committees, install CCTV cameras with audio and night vision in all police stations with data storage for at least 1 year, and ensure proper maintenance and monitoring. The Union of India was directed to file an affidavit on the Central Oversight Body and install CCTV cameras in central agencies. Complaints of custodial violence may be made to State Human Rights Commissions and Human Rights Courts, which must be set up in every district.
Law Points
- CCTV installation in police stations
- oversight committees
- custodial violence prevention
- human rights
- Section 161 CrPC
- audio-video recording
