Mandates electronic recording of search and seizure operations to ensure transparency and accountability.
Introduces technological safeguards against misuse of investigative powers during searches.
Introduction
Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) requires that search and seizure proceedings be recorded through audio-video electronic means, wherever practicable. This provision reflects a significant procedural reform aimed at strengthening transparency in criminal investigations and protecting individuals against arbitrary or unlawful search operations.
It marks a shift toward technology-enabled criminal procedure ensuring reliability of evidence collection.
Objective of the Provision
The objectives of Section 105 BNSS are
- to enhance transparency in search and seizure operations
- to prevent misuse of investigative authority
- to create reliable evidentiary records of search proceedings
- to strengthen accountability of investigating officers
The provision promotes fairness and credibility in criminal investigations.
Meaning / Concept
Audio-Video Electronic Recording
The section requires that search and seizure operations be recorded through
- video recording devices
- body cameras
- mobile electronic recording systems
- other approved digital methods
Such recording serves as contemporaneous documentation of the search process.
Evidentiary and Procedural Safeguard
Electronic recording helps
- verify compliance with procedural requirements
- prevent fabrication or planting of evidence
- protect rights of persons subjected to search
Thus, it enhances integrity of investigation.
Detailed Explanation of the Section
Section 105 BNSS provides that
- search and seizure operations conducted under the Sanhita shall be recorded through audio-video electronic means, as far as practicable
- the recording shall form part of the official record of the search proceedings
- such recording may be used during investigation, inquiry, or trial to verify legality of the search
The provision applies particularly to
- searches conducted under search warrants
- searches during investigation
- seizure of documents or property relevant to offences
Key features include
- mandatory effort to record search operations electronically
- creation of verifiable digital evidence
- protection against procedural irregularities
- strengthening evidentiary reliability
These safeguards promote accountability in execution of search powers.
Procedure or Legal Framework
The procedural framework under Section 105 BNSS generally includes
- issuance of search authorization under relevant provisions
- initiation of search by authorized officers
- recording of entire search process through audio-video means
- preservation of recording as part of case record
- production of recording before court when required
Failure to record may not automatically invalidate search but may affect evidentiary credibility depending on circumstances.
Judicial Interpretation
Although Section 105 BNSS is a recent procedural innovation, courts have long emphasized transparency and documentation in search and seizure operations.
In Pooran Mal v. Director of Inspection (1974) 1 SCC 345, the Supreme Court recognized the importance of lawful and properly documented search procedures.
In State of Punjab v. Baldev Singh (1999) 6 SCC 172, the Court stressed that procedural safeguards during search operations are essential for fairness in criminal investigations.
In Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, the Supreme Court highlighted the broader principle that procedural accountability is necessary to prevent misuse of coercive investigative powers.
These principles support the technological safeguards introduced under Section 105 BNSS.
Importance of the Provision
Section 105 BNSS is important because
- it introduces technological transparency in criminal procedure
- it protects individuals from arbitrary search practices
- it strengthens evidentiary reliability of recovered materials
- it enhances accountability of investigating authorities
The provision represents a modern reform aligned with digital evidence practices.
Connection with Other Sections
Section 105 BNSS operates alongside related provisions governing search and seizure procedures
- Section 96 BNSS – When search-warrant may be issued
- Section 102 BNSS – Direction, etc., of search-warrants
- Section 103 BNSS – Persons in charge of closed place to allow search
- Section 104 BNSS – Disposal of things found in search beyond jurisdiction
Corresponding Provision under Old Law
Section 105 BNSS is a new procedural insertion and does not have a direct equivalent provision under the Code of Criminal Procedure, 1973.
Illustrative Example
Police officers execute a search warrant at a suspect’s residence in a fraud investigation. The entire search and seizure process is recorded using body-worn cameras and mobile video devices. The recording is preserved and later produced before the court to verify the legality of the search. This procedure complies with Section 105 BNSS.
Conclusion
Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 introduces mandatory recording of search and seizure proceedings through audio-video electronic means to enhance transparency and accountability in criminal investigations. By integrating technology into procedural safeguards, the provision strengthens fairness and reliability of search operations.
