Audio-video examination of witnesses abroad is legally permissible where the statute recognises electronic recording of statements.

A person residing abroad and unable to return because passport renewal was withheld could be directed to cooperate with investigation through audio-video electronic means. The Court noted the petitioner's willingness to assist the investigating agency and relied on the statutory recognition of electronic recording of statements under the proviso to Section 161 CrPC and the corresponding provision in Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023. On that basis, remote appearance before the investigating officer was treated as a legally permissible mode for recording the statement, and the request was allowed.

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Issues: Whether the petitioner, while residing abroad and facing a withheld passport renewal, should be permitted to appear before the investigating officer through audio-video electronic means for recording his statement.

Analysis: The request was confined to participation in the investigation through electronic means. The record showed that the petitioner had expressed willingness to cooperate, had sought a response from the investigating agency, and had been unable to return to India because the passport renewal was being withheld. The statutory scheme, including the proviso to Section 161 of the Code of Criminal Procedure, 1973 and the corresponding provision in Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023, recognises recording of statements through audio-video electronic means. In these circumstances, the Court found that remote appearance was a legally permissible mode for securing the petitioner's cooperation with the investigation.

Conclusion: The petitioner was permitted to appear before the investigating officer through audio-video electronic means for recording his statement, and the request was allowed.

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