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.
Section 105 BNSS: Recording of search and seizure through audio video electronic means
- Corresponding CrPC
- New provision (no CrPC equivalent)
- Note
- New: requires search and seizure to be recorded by audio-video electronic means, preferably a mobile phone.
Bare Act text
Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.
In simple words
Requires the process of searching a place or taking possession of property, including preparing the seizure list and its signing by witnesses, to be recorded by audio-video electronic means, preferably mobile phone. The police officer must forward the recording without delay to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.
Chapter VII: Processes To Compel The Production Of Things
- 94 Summons to produce document or other thing
- 95 Procedure as to letters
- 96 When search-warrant may be issued
- 97 Search of place suspected to contain stolen property, forged documents, etc
- 98 Power to declare certain publications forfeited and to issue search-warrants for same
- 99 Application to High Court to set aside declaration of forfeiture
- 100 Search for persons wrongfully confined
- 101 Power to compel restoration of abducted females
- 102 Direction, etc., of search-warrants
- 103 Persons in charge of closed place to allow search
- 104 Disposal of things found in search beyond jurisdiction
- 105 Recording of search and seizure through audio video electronic means
- 106 Power of police officer to seize certain property
- 107 Attachment, forfeiture or restoration of property
- 108 Magistrate may direct search in his presence
- 109 Power to impound document, etc., produced
- 110 Reciprocal arrangements regarding processes