Case at a Glance
A special leave petition about audio-video recording of police statements became the vehicle for one of the most practical custodial-safety orders the Supreme Court has made. Finding that most States’ compliance affidavits were deficient, the Court directed that CCTV cameras with night vision and audio be installed in every police station — at entry and exit points, lock-ups, corridors, the lobby, interrogation-relevant rooms and outside washrooms — with footage stored for 18 months (and never less than one year). It ordered State and District Level Oversight Committees, made SHOs responsible for the systems, and extended the requirement to offices of the CBI, NIA, ED, NCB, DRI, SFIO and other agencies with powers of arrest and interrogation.
The petition concerned audio-video recording of statements under Section 161 of the Code of Criminal Procedure and the installation of CCTV cameras in police stations generally. On 16 July 2020 the Court issued notice to the Ministry of Home Affairs and appointed Senior Advocate Siddhartha Dave as amicus curiae; on 16 September 2020 all States and Union Territories were impleaded. The Court recalled its earlier order of 3 April 2018 in Shafhi Mohammad v. State of Himachal Pradesh, which had directed the creation of a Central Oversight Body, building on D.K. Basu v. State of West Bengal, (1996) 12 SC CK 0089.
By 24 November 2020, only 14 States and two Union Territories had filed compliance affidavits, and the Court found most of them deficient — lacking basic information such as how many police stations there were, how many cameras were installed, where they were placed and whether they worked.
The Key Question Before the Court
What must States, Union Territories and central investigating agencies do to ensure effective CCTV coverage of places where persons are held and interrogated?
Cameras, Committees and Accountability
Justice R.F. Nariman, writing for the Bench, first required fresh affidavits from the Principal Secretary or Home Secretary of each State and Union Territory, giving the number of police stations, cameras per station, their positions, working condition and recording duration. The Court then structured oversight: a State Level Oversight Committee (including the Home and Finance Secretaries, the DG/IG of Police and a representative of the State Women’s Commission) to handle procurement, budgeting, maintenance and inspection; and a District Level Oversight Committee to supervise maintenance, liaise with SHOs and review footage for unreported human rights violations. Recognising that “none of this can be done without allocation of adequate funds,” it directed Finance Departments to allocate money promptly, and made the SHO responsible for the working, maintenance and backup of CCTV, with a duty to report arrests and interrogations to the District Committee when cameras are not working.
On coverage, the Court said cameras must be installed “in each and every Police Station”, at all entry and exit points, the main gate, all lock-ups, corridors, the lobby and reception, verandas, the Inspector’s and Sub-Inspector’s rooms, the station hall, in front of the compound, outside (not inside) washrooms, the Duty Officer’s room and the back of the station. Systems must have night vision and record audio as well as video, with power and internet arranged where lacking. Footage must be stored for 18 months or, if equipment cannot manage that, the maximum possible period and never less than one year. Complaints of force causing serious injury or custodial death may go to State Human Rights Commissions or district Human Rights Courts, which can summon the footage. The Union was directed to install CCTV with recording equipment in offices of the CBI, NIA, ED, NCB, DRI, SFIO and any other agency that interrogates and has power of arrest. Notices about CCTV coverage were to be displayed at police stations, and each State and Union Territory was to file an action plan with timelines within six weeks.
What the Court Actually Held
- CCTV cameras with night vision and audio recording must be installed in every police station, covering entry and exit points, lock-ups, corridors, the lobby, officers’ rooms, outside washrooms and the station premises.
- Footage must be preserved for 18 months, or the maximum possible period and in no case less than one year, and can be summoned by Human Rights Commissions or Human Rights Courts on complaints of custodial violence.
- State and District Level Oversight Committees must oversee installation, funding, maintenance and review; SHOs are responsible for operation and must report when systems fail.
- The Union must install CCTV in offices of the CBI, NIA, ED, NCB, DRI, SFIO and other agencies with powers of arrest and interrogation; all States and Union Territories were to file action plans within six weeks.
Why This Judgment Matters
- It converts the constitutional ban on custodial torture into a concrete, verifiable infrastructure requirement.
- It extends scrutiny to central agencies such as the ED and CBI, not just State police.
- CCTV footage under this order is now a common subject of applications by accused persons and complainants alleging custodial abuse.
What Should Advocates Take Away From the Judgment?
For Persons in Custody and Families
- Police stations are required to have working CCTV with audio covering lock-ups and corridors.
- Where custodial violence is alleged, a complaint can be made to the State Human Rights Commission or Human Rights Court, which can summon footage.
- Act quickly: preservation periods are limited, so seek a direction to preserve footage early.
For Counsel
- Apply promptly for preservation and production of CCTV footage relying on Paramvir Singh Saini.
- If cameras were “not working”, ask for the SHO’s report to the District Level Oversight Committee.
- In ED, CBI or NIA matters, rely on the direction covering central agency offices.
Key Takeaways
- CCTV with audio and night vision is mandatory in every police station.
- Footage is to be stored for 18 months, and never less than one year.
- Oversight committees at State and District level supervise the system.
- Central agencies with arrest and interrogation powers are equally covered.
Frequently Asked Questions
Is CCTV mandatory in police stations?
Yes. In Paramvir Singh Saini, the Supreme Court directed all States and Union Territories to install CCTV cameras with night vision and audio in each and every police station, covering specified areas.
Do central agencies like ED and CBI have to install CCTV?
Yes. The Union was directed to install CCTV and recording equipment in offices of the CBI, NIA, ED, NCB, DRI, SFIO and any other agency that carries out interrogations and has the power of arrest.
How long must CCTV footage be preserved?
For 18 months; if equipment does not permit that, for the maximum possible period, but not less than one year.
Conclusion
Paramvir Singh Saini is less about grand principle and more about plumbing — cameras, storage, budgets and responsibility — and that is precisely its strength. By making every police station and investigating agency office visible, the Court gave effect to the long line of custodial-rights decisions from D.K. Basu onwards.
Practical takeaway: In any allegation of custodial violence, move immediately for a direction to preserve and produce the CCTV footage, and if the station claims its cameras were not working, demand the SHO’s report under the order.
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