Supreme Court Orders Mandatory Audio-Visual Recording of Suspect Statements in Serious Criminal Cases

Kathmandu. The Supreme Court has directed the government to make audio-visual recording of suspects' statements mandatory during the investigation of serious criminal cases, aiming to ensure transparent investigations and prevent torture in custody.

The directive was issued by a joint bench of Justices Hari Prasad Phuyal and Bal Krishna Dhakal, which ruled that the use of audio-visual technology during the recording of statements is necessary to strengthen the credibility and fairness of criminal investigations.

The order came in response to a writ petition filed by law students Subhash Chandra Jha and Chakra Bahadur Rasaili, who sought better legal safeguards for suspects during the pre-trial stage that is from the time of arrest until a remand order is issued. The petition named the Office of the Prime Minister and Council of Ministers, the Ministry of Home Affairs, the Ministry of Law, Justice and Parliamentary Affairs, the Office of the Attorney General, and Nepal Police Headquarters as respondents.

Although the order was issued on 5 January 2026, the Supreme Court made its full text public on Tuesday.

The court noted that forcing suspects to confess through physical or psychological torture is a serious criminal offence under Sections 99 and 167 of the National Criminal Code, 2074. It said mandatory audio-visual recording would help prevent allegations of custodial torture, protect the rights of suspects, and enhance the legitimacy of criminal investigations.

The Supreme Court further directed the government to implement the recording system in all serious criminal cases wherever feasible and to allocate the necessary infrastructure, technology, and budget to support its implementation.

Full text of the order: https://supremecourt.gov.np/web/assets/uploads/078-wo-1226.pdf

पछिल्लो अध्यावधिक: असार २४, २०८३ ११:४८