Quick answer
Yes. Section 105 of the B.N.S.S. requires that the search of a place, or the taking possession of any property, under Chapter VII of the B.N.S.S. or under Section 185 (search by a police officer), be recorded through any audio-video electronic means, preferably a mobile phone. The recording must cover the preparation of the list of things seized and its signing by witnesses, and the police officer must forward it without delay to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.
The law
Section 105 B.N.S.S. (Recording of search and seizure through audio-video electronic means) is a new provision with no direct equivalent in the old CrPC. It works alongside two older safeguards that the B.N.S.S. carries forward:
- Section 103 B.N.S.S. (old Section 100 CrPC): before a search, the officer must call two or more independent and respectable inhabitants of the locality to witness it. The search is made in their presence, a list of things seized and where they were found is prepared and signed by the witnesses, the occupant may attend, and a copy of the list is given to the occupant.
- Section 185 B.N.S.S. (old Section 165 CrPC): a police officer may search without a warrant after recording his grounds in the case diary. A proviso to Section 185(2) separately requires such a search to be recorded through audio-video electronic means, preferably a mobile phone. Under Section 185(5), copies of the officer's written record of his grounds (and of any written order to a subordinate) must be sent forthwith, and not later than forty-eight hours, to the nearest Magistrate empowered to take cognizance of the offence.
What must be recorded
- The process of searching the place.
- The taking possession of any property, article or thing.
- The preparation of the list of all things seized.
- The signing of that list by the witnesses.
The recording is then forwarded, without delay, to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.
Section 103 and Section 105 compared
| Point | Section 103 B.N.S.S. | Section 105 B.N.S.S. |
|---|---|---|
| Safeguard | Independent witnesses and a signed seizure list | Audio-video recording of the search and seizure |
| Old law | Section 100 CrPC | New provision |
| Who gets a copy | The occupant receives a copy of the signed list | The recording goes to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class |
| Purpose | Independent human witnesses to the search | An objective record of how the search was done |
Example
Police search Farhan's house and say they found a knife in his cupboard. Farhan claims the knife was planted. Under Section 105 B.N.S.S., the search, the seizure of the knife, the preparation of the seizure list and the witnesses' signatures should all have been recorded on video, preferably on a mobile phone, and sent without delay to the Magistrate. The court can look at that recording to test Farhan's claim. A proper recording also protects honest officers from false allegations.
Why it matters
A search is not only about finding an object; the prosecution must also prove how and where it was found. Video recording adds an objective record to the evidence of the search witnesses. For more on the B.N.S.S. search provisions, see B.N.S.S.: Complete Notes.
Exam point
Section 105 B.N.S.S. (new): every search and seizure under Chapter VII or Section 185, including the seizure list and witnesses' signatures, must be audio-video recorded, preferably on a mobile phone, and sent without delay to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.
