Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 mandates that police officers record all search and seizure operations using audio-video electronic means, preferably via a mobile phone.
Key Mandates of Section 105 BNSS
• Mandatory Videography: The entire process of searching a place, taking property or article possession, preparing the list of seized items, and obtaining witness signatures must be captured on video.
• Use of Mobile Phones: The law explicitly permits and prefers using a mobile phone or other portable electronic device for recording.
• Forwarding to Magistrate: The police officer must send the recording without delay to the District Magistrate (DM), Sub-divisional Magistrate (SDM), or a Judicial Magistrate of the first class.
• Transparency and Oversight: This digital record-keeping aims to prevent evidence tampering, stop police misconduct or frame-ups, and build public trust in criminal investigations.
If you'd like, let me know:
• Are you looking for how this applies to a specific act (like the NDPS or GST)?
• Do you need information on the admissibility of these electronic records in court?
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