Section 105 BNSS
Definition
Provision making audio-video recording of search and seizure operations mandatory, with the recording forming part of the case file.
- Statute
- Bharatiya Nagarik Suraksha Sanhita 2023, s.105
- Requirement
- Mandatory audio-video recording of search
- Status
- Recording forms part of the case file
- Jurisdiction
- India
Common questions
What is the purpose of mandating audio-video recording under Section 105 BNSS?+
It creates a contemporaneous, tamper-resistant record of search and seizure procedures that can corroborate the panchnama, deter procedural shortcuts, and give courts independent evidence of how items were found and seized.
How does Section 105 BNSS change practice compared to the earlier CrPC?+
The former Code of Criminal Procedure had no general statutory mandate for videographing searches; BNSS 2023 makes such recording compulsory and requires it to form part of the case file, formalizing what was previously discretionary practice.
What happens if a search is not recorded as required under Section 105 BNSS?+
Courts may treat the omission as a procedural lapse affecting the weight given to the search and seizure evidence, though the specific consequences depend on judicial interpretation as case law develops under the new code.
Related terms
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