BNSS Section 105 Search
Definition
The search and seizure provision under BNSS 2023, which mandates audio-video recording of the search where practicable. The recording is part of the evidentiary record produced under BSA Section 63.
- Governing code
- Bharatiya Nagarik Suraksha Sanhita 2023
- Recording requirement
- Audio-video recording of search and seizure, where practicable
- Evidentiary link
- Recording forms part of the record under BSA Section 63
- Qualifier
- Obligation applies where practicable, not absolute
Common questions
What happens if a search is conducted without the required video recording?+
Courts assess the omission on the facts rather than treating it as an automatic bar to admissibility. Because the requirement is qualified by practicability, an unrecorded search is not void in itself, but the absence of recording can weaken the prosecution's case on how the search was conducted and what was found.
Who is responsible for producing the recording as evidence?+
The investigating agency retains and produces the recording, and it must meet the certification requirements for electronic evidence under Bharatiya Sakshya Adhiniyam Section 63 (successor to Indian Evidence Act Section 65B) before it can be relied on in court.
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