Section 105 BNSS: Recording of search and seizure through audio-video electronic means (New BNSS Provision - Mandatory audio-video recording of search & seizure)

Section 105 of Bharatiya Nagarik Suraksha Sanhita, 2023: Recording of search and seizure through audio-video electronic means

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 105

Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates the recording of all search and seizure proceedings through audio-video electronic means, introducing a transformative digital safeguard in criminal procedure.

Procedural Mechanism: Section 105 introduces a revolutionary procedural mandate in Indian criminal law: the process of conducting search of a place or taking possession of any property, article, or thing under Chapter VII or under Section 185 shall be recorded through audio-video electronic means, preferably by mobile phone or other electronic device.
Digital Infrastructure Jurisdiction: The police officer is obligated to prepare a list of all seized items, witness signatures, and immediately forward the digital recording without delay to the District Magistrate, Sub-Divisional Magistrate, or Judicial Magistrate of the first class.

This provision eliminates fabricated seizures and ensures real-time digital transparency.

Key Landmark Precedents:

Shafhi Mohammad v. State of Himachal Pradesh (2018) 2 SCC 801: The Supreme Court directed the phased introduction of videography and digital capture of crime scenes and seizures to eliminate planted recoveries and ensure evidentiary reliability in criminal trials.
Paramvir Singh Saini v. Baljit Singh (2021) 1 SCC 184: Mandated CCTV coverage and digital recording across all police stations to ensure transparency and accountability during police interrogation and seizures.

Legal Commentary:

Section 105 marks one of the most critical structural reforms enacted in the BNSS. Failure by the police to record search and seizure through audio-video means without justifiable technical cause seriously impairs the credibility of recovery memos and provides strong grounds to challenge the authenticity of seized evidence.