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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.

Related terms

BSA Section 63
The Bharatiya Sakshya Adhiniyam provision on admissibility of electronic and certified records, including the certificate that accompanies electronically generated FSL reports. Replaces...
Form 65 BNSS Forwarding
The covering memo that travels with sealed samples from the police station to the FSL. Lists case number, FIR, station, sample description,...
Inquest Under BNSS 175-176
The successor to CrPC 174 inquest. The Executive Magistrate or police officer records the apparent cause of death at the scene; for...
Sealed Packet
Sample container packed inside a cloth or paper outer, tied with thread, wax-sealed under the IO's personal seal, and signed by IO...
Vomitus Jar
A wide-mouthed glass container with screw cap, filled to two-thirds with the collected vomitus and topped up with saturated sodium chloride solution....

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