BNSS Section 105
Code: Recording Of Search Through Audio-Video Electronic Means
Section 105 of the Bharatiya Nagarik Suraksha Sanhita(BNSS) deals with the recording of search through audio-video electronic means. Here is a review on the process, explanation and illustration on recording of search through audio-video electronic means
1. The process of conducting a search of a place or taking possession of any property, article, or thing under this Chapter or under section 185 shall include the following steps:
(a) Preparation of a list of all things seized in the course of such search and seizure.
(b) Signing of such list by witnesses.
2. Officers shall record the entire process using audio-video electronic means, preferably a mobile phone.
3. The police officer shall, without delay, forward such recording to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class.
Explanation:
This section requires that officers conducting a search of a place or seizing any property, article, or thing under Chapter 10 (Search, Seizure and Arrest) or Section 185 (Power to seize certain property) of the BNSS must record the process through audio-video electronic means, preferably using a mobile phone. Officers must prepare a list of all seized items and have it signed by witnesses. Additionally, they must forward the recording without delay to the relevant magistrate, such as the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class.
Illustration:
Recording Of Search Through Audio-Video Electronic Means
A police officer conducts a search of a suspect’s residence based on a warrant. The police officer then sends the recording to the District Magistrate. Officers record the entire process, including the search, seizure of evidence, preparation of the list of seized items, and witness signatures, on a mobile phone.
Common Questions and Answers:
Q: What is the purpose of this section?
A: To ensure transparency and accountability in the process of search and seizure. The police officer records the actions to provide a verifiable account and ensure that the individual’s rights are not violated.
Q: Can the police officer use any device for recording?
A: Mobile phones are preferred although any audio-video electronic device can be used, as long as it captures the entire process clearly.
Q: What happens if the police officer fails to record the search?
A: This can lead to legal challenges and may cast doubt on the legitimacy of the search and seizure.
