The Maharashtra Government has notified the Maharashtra Audio-Video Electronic Means Rules, 2026, marking a significant step towards institutionalising the use of digital technology in criminal justice processes under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The notification was issued by the Home Department and published in the Official Gazette on January 21, 2026.
The rules have been framed in exercise of powers conferred under Section 2(1)(a) of the BNSS, 2023, and apply to the entire State of Maharashtra. They come into force with immediate effect from the date of publication.
Objective and Scope
The newly notified rules aim to provide a structured legal framework for the use of audio-video electronic means in investigation, inquiry, trial, and other criminal justice-related processes. They operationalise the digital vision embedded in the BNSS, which replaces the Criminal Procedure Code, 1973, and emphasises technology-driven, transparent, and efficient criminal procedure.
Key Definitions
The rules define critical terms to avoid ambiguity in implementation.
- “Audio-video electronic means” carries the same meaning as assigned under the BNSS.
- “Designated platform” refers to an electronic platform or software approved by the State Government for the purposes of these rules.
- “Sanhita” means the Bharatiya Nagarik Suraksha Sanhita, 2023.
- “State Government” refers to the Government of Maharashtra.
Any words not specifically defined in the rules will have the meanings assigned under the BNSS or the Information Technology Act, 2000.
Permissible Audio-Video Sources
Rule 3 enumerates the forms of audio-video electronic means that may be used, including:
- Recordings made on mobile phones or tablets of authorised police officers.
- Footage from automated Government, semi-Government, and private CCTV cameras, whether located within Maharashtra or outside the State.
- Recordings from digital equipment such as digital cameras, video cameras, body-worn cameras, tablets, or similar electronic devices used by authorised police officers.
For the purposes of these rules, police officers assigned to platforms such as e-Sakshya, e-Summons, Nyayshruti, CCTNS, or the Inter-Operable Criminal Justice System (ICJS) are deemed to be authorised officers.
Permitted Uses
The rules clearly specify the purposes for which audio-video electronic means may be deployed. These include:
- Conducting video conferencing for court proceedings, including examination of witnesses, recording of statements, and hearing of bail applications.
- Recording identification processes of accused persons or suspects.
- Documenting search and seizure operations conducted by police or other authorised officers.
- Collection, preservation, and transmission of electronic evidence.
- Facilitating communication and coordination between courts, police stations, and forensic laboratories.
Data Security and Storage
Rule 5 places strong emphasis on data security and integrity. All audio-video electronic means used under the rules must comply with encryption and security standards prescribed under the Information Technology Act, 2000, and guidelines issued by the Central Government.
Designated platforms are required to ensure end-to-end encryption and secure storage of recordings to prevent unauthorised access or tampering. Recordings must be stored in a secure repository maintained by the concerned authority for the period specified under the BNSS or other applicable laws.
Supervision and Oversight
The use of audio-video electronic means must be supervised by an officer authorised under the BNSS, such as a Magistrate, police officer, or other designated authority. Before commencement of any video conferencing or electronic process, the identity of participants must be verified.
The rules also mandate maintenance of a detailed record of proceedings, including the date, time, participants, and purpose of communication. Importantly, a copy of the electronically recorded audio-video material must be forwarded by the investigating officer to the concerned Magistrate within the time period prescribed under the BNSS.
