Section 105 BNSS 2023: Recording of Search and Seizure Through Audio-Video Electronic Means
Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires the process of search and seizure covered by the provision to be recorded through audio-video electronic means. The requirement extends to the preparation of the seizure list and the signing of that list by witnesses, and the police officer must forward the recording without delay to the specified Magistrate.
Text of Section 105 BNSS
105. Recording of search and seizure through audio-video electronic means. 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.
What Section 105 BNSS means
The provision creates a statutory audio-video record of specified search and seizure proceedings. In practical terms, the recording is intended to capture the process itself rather than merely the final recovery or seizure memo.
- Search of a place: the process of conducting the search must be recorded where Section 105 applies.
- Taking possession of property: possession of any property, article or thing covered by the provision forms part of the recording requirement.
- Seizure list: preparation of the list of things seized is expressly included.
- Witness signatures: signing of the seizure list by witnesses is also expressly included.
- Electronic means: the statute permits any audio-video electronic means and states a preference for a mobile phone.
- Forwarding of recording: the police officer must forward the recording without delay to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.
Connection with Section 185 BNSS
Section 105 expressly applies not only to searches and seizures under the relevant Chapter but also to a search under Section 185 BNSS. Section 185 deals with a search by a police officer during investigation. The cross-reference is important because it brings that investigative search process within the audio-video recording framework stated in Section 105.
Is audio-video recording mandatory?
Section 105 uses the word "shall" in prescribing that the covered search and seizure process be recorded. The statutory language therefore frames recording as a required procedural step. The words "preferably mobile phone" indicate a preference for the device, not an option to dispense with audio-video recording altogether.
Why the provision is important
An audio-video record can provide a contemporaneous account of how the search was conducted, what articles were taken into possession, how the seizure list was prepared and whether the witnesses signed it. This can assist courts and parties in examining compliance with the prescribed search and seizure procedure.
Official legal resources
For the current statutory text and official publication, refer to the Government of India resources below.
Frequently asked questions
What does Section 105 BNSS require?
It requires audio-video recording of the covered search and seizure process, including preparation of the seizure list and witness signatures, followed by forwarding of the recording to one of the Magistrates specified in the section.
Can a mobile phone be used?
Yes. Section 105 expressly states that the recording may be made through any audio-video electronic means, preferably a mobile phone.
Does Section 105 apply to a police search under Section 185?
Yes. Section 185 is expressly mentioned in Section 105.
To whom must the recording be sent?
The police officer must forward it without delay to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.