Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Recording of Search and Seizure Through Audio-Video Electronic Means
Section 105 of the BNSS, 2023 mandates that all searches and seizures conducted by police officers must be recorded using audio-video electronic means, preferably via mobile phone. This provision aims to enhance transparency, accountability, and the integrity of the evidence collection process.
Text of Section 105
"The process of conducting search of a place or taking possession of any property, article or thing under this Chapter or under section 185, including preparation of the list of all things seized in the course of such search and seizure and signing of such list by witnesses, shall be recorded through any audio-video electronic means preferably mobile phone and the police officer shall without delay forward such recording to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class."
Key Provisions
Recording Requirement: All searches and seizures must be documented through audio-video electronic means, with mobile phones being the preferred device.
Witnesses' Signatures: A comprehensive list of all items seized must be prepared and signed by witnesses during the search.
Timely Submission: The recorded footage, along with the list of seized items, must be promptly forwarded to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class.
Purpose and Significance
Transparency and Accountability: The requirement for audio-video documentation ensures that the search and seizure process is transparent, reducing the potential for misconduct or abuse of power by law enforcement officers.
Protection of Rights: Recording the process helps safeguard the rights of individuals by providing an objective record of the actions taken during the search.
Legal Integrity: Proper documentation and timely submission of recordings to judicial authorities uphold the integrity of the evidence, making it more reliable in legal proceedings.
Illustrative Example
A police officer conducts a search of a premises under the authority of a warrant. During the search, the officer records the entire process, including the identification of seized items and the preparation of a seizure list signed by witnesses, using a mobile phone. The officer then promptly forwards the recorded footage and the seizure list to the District Magistrate. This procedure ensures compliance with Section 105 of the BNSS, 2023, maintaining the legality and transparency of the search and seizure operation.
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