Video Recordings by the Police during Search, Seizure and Arrest

CRIMINAL LAW

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Whether video recording or taking photograph by the police and members of Anti-Narcotic Force, during search, seizure and/or arrest, permissible as evidence?

The police and members of the Anti-Narcotics Force (‘ANF’) should record or photograph when search, seizure and/or arrest is made. Article 164 of the Qanun-e-Shahadat, 1984 specifically permits the use of any evidence that may have become available because of modern devices or techniques, and its Article 165 overrides all other laws.

Video recording or taking photograph by the police and members of ANF, during search, seizure and/or arrest, is permissible in evidence under Article 164 of Qanun-e-Shahadat, 1984.

How can, use of mobile cameras by police or Anti-Narcotics Force members for recording video or photographing during search, seizure and arrest, be useful?

If the police and ANF were to use their mobile phone cameras to record and/or take photographs of the search, seizure and arrest, it would be useful evidence to establish the presence of the accused at the crime scene, the possession by the accused of the narcotic substances, the search and its seizure. It may also prevent false allegations being levelled against ANF/police that the narcotic substance was foisted upon them for some ulterior motives.

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