Introduction to Section 105 BNSS / Audio-Video Recording of Search and Seizure
Section 105 BNSS provides detailed provisions for recording the search and seizure process using audio-video electronic means. This section ensures that all searches are properly documented to maintain transparency, accountability, and protection of rights. It mandates that the police officers use mobile phones or cameras to record the search process, and the recordings must be forwarded to judicial authorities for further review. This section ensures the fairness of the search process, protects the rights of individuals being searched, and provides a transparent record that can be used for legal purposes.
What is BNSS Section 105 ?
Whenever police officers conduct a search or seize any property, they must record the entire process using audio or video devices—preferably mobile phones. This recording, along with a signed list of seized items, must be forwarded without delay to a Magistrate. The aim of this section is to ensure that search and seizure actions are transparent, lawful, and verifiable, and that the rights of individuals are protected through proper documentation.
BNSS Section of 105 in Simple Points
1. Recording of Search and Seizure (Searches and seizures must be recorded using audio-video means such as a mobile phone or camera.)
Every search or seizure conducted by law enforcement officers must be captured on video or audio. This ensures that the process is transparent and provides an accurate record of what occurred during the search. It also protects the rights of the individual being searched and holds the officers accountable for their actions.
2. Creation of a Seizure List ( A detailed list of seized items must be prepared during the search.)
Officers must prepare a list of all items seized during the search, including where each item was found. This list is signed by witnesses to verify that the items were correctly seized. The list helps ensure that no item is taken without proper documentation and prevents tampering or confusion later.
3. Witnesses Present During Search ( The search must be conducted in the presence of witnesses, who verify the process.)
At least two independent and respectable people must witness the search. These witnesses verify that the search was conducted fairly and that the items listed in the seizure document are accurate. This protects the individual being searched and ensures the legitimacy of the process.
4. Forwarding the Recording to Judicial Authorities ( The audio-video recording of the search must be sent to judicial authorities immediately. )
After the search, the recording must be sent to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class without delay. This allows for quick review and ensures that the search was conducted according to the law. If there are any issues with how the search was carried out, the authorities can take swift action.
5. Protection Against Tampering ( Recording the search helps prevent tampering and ensures fairness.)
The video or audio recording acts as an unbiased record of the search. It helps protect the rights of individuals and ensures that the law enforcement officers follow proper procedures. It also acts as evidence in case there are disputes or claims of misconduct during the search.
Section 105 of BNSS Overview
BNSS Section 105 provides provisions for recording the search and seizure process using audio-video electronic means to ensure accountability and transparency. This section ensures that every action related to a search is properly documented, including the preparation of the list of seized items and the signing of the list by witnesses. The recording serves as evidence and is forwarded to judicial authorities for review.
BNSS Section 105: Recording of Search and Seizure through Audio-Video Electronic Means
Overview: BNSS Section 105 provides provisions for recording the search and seizure process using audio-video electronic means to ensure accountability and transparency. This section ensures that every action related to a search is properly documented, including the preparation of the list of seized items and the signing of the list by witnesses. The recording serves as evidence and is forwarded to judicial authorities for review.
10 Key Points of BNSS Section 105 Explained in Detail
1. Recording Search and Seizure with Audio-Video Means
All searches and seizures must be recorded using audio-video electronic means such as mobile phones, cameras, or other recording devices.
The law mandates that every step of the search and seizure process must be captured through audio-video recording to create a clear, unaltered record of the event. This protects the rights of individuals being searched and ensures law enforcement transparency. This helps prevent any allegations of misconduct or improper behavior by the authorities during the search.
2. Preparation of List of Seized Items
A list of seized items must be prepared during the search, detailing each item seized.
Explanation: During the search, the officer conducting it must prepare a detailed list of all items found and taken into possession. This list must include a description of the items and where they were found. By recording this information, it ensures that no items are taken without documentation, and everything is accounted for.
3. Witnesses to the Search and Seizure Process
Witnesses are required to be present during the search and must sign the list of seized items.
To ensure fairness and transparency, the law requires that two or more independent and respectable individuals must be present as witnesses during the search. These witnesses verify the search process and sign the list of seized items. Their presence provides a neutral, external perspective to the process, which helps protect both the person being searched and the authorities.
4. Forwarding of the Recording to Judicial Authorities
The audio-video recording of the search must be sent to judicial authorities immediately after the search.
Explanation: Once the search is completed, the officer must promptly send the recording of the entire process to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class. This ensures that the judicial authorities are aware of the search and have access to the evidence of what took place. The immediate forwarding of the recording also allows for quick action if any irregularities are observed in the process.
5. Preventing Tampering or Misuse
The use of audio-video recordings ensures that there is no tampering or misuse of the search and seizure process.
By recording the search and seizure process, any allegation of tampering or improper behavior can be easily refuted. It serves as a protective measure against potential false claims made by either the person being searched or other parties. It establishes a secure, verifiable record that can be reviewed later if needed.
6. Legal Accountability for Law Enforcement Officers
Audio-video recordings increase the legal accountability of the police officers conducting the search.
With the search and seizure documented on record, police officers are held accountable for their actions. This prevents any misconduct or unlawful actions, as the footage can be used as evidence if there are questions raised about the search. This legal accountability strengthens trust in the justice system and prevents human rights violations during searches.
7. Protection of the Rights of the Individual Being Searched
The recording protects the rights of the individual being searched by ensuring transparency in the process.
Individuals who are subject to search and seizure are entitled to have their rights protected. The recording of the search process ensures that no violation of their rights occurs. The footage can serve as proof that the search was conducted fairly and according to the law, which safeguards individuals from any potential abuse or discrimination.
8. Timely Availability of Evidence for Court Review
The timely submission of the recording allows for quick review by the judicial authorities.
The prompt forwarding of the audio-video recording to judicial authorities ensures that the evidence is available for immediate review. If there are any concerns or questions regarding the legality or fairness of the search, the recording can be examined without delay. This speeds up the process of ensuring justice and allows for quicker resolutions in case of any disputes or appeals.
9. Witnesses’ Role in Verifying the Search Process
The witnesses’ involvement ensures that the search is done fairly and the items seized are accurately listed.
Witnesses play a crucial role in the search process. Their presence guarantees that the search is not conducted with bias or in a manner that violates the law. They also verify the list of seized items, ensuring it is accurate and free from alterations. The requirement of witnesses strengthens the credibility of the entire process and makes it difficult to manipulate evidence.
10. Use of Audio-Video Evidence in Court Proceedings
The audio-video recordings serve as legally admissible evidence in court.
The recorded footage serves as a legal document that can be used in court if the search and seizure process is questioned. The audio-video evidence can be presented during court proceedings to prove the validity of the search and the items seized. This recording helps ensure that the actions taken by law enforcement officers are in compliance with the law and supports the integrity of the evidence.
Examples of BNSS Section 105
- Example 1: A police officer conducts a search of a warehouse suspected of harboring stolen goods. During the search, the officer uses a mobile phone to record the entire process, including the seizure of stolen electronics. The officer prepares a list of the seized items and has the witnesses sign it. The recording and list are immediately sent to the Judicial Magistrate for review.
- Example 2: During an investigation into illegal drugs, a police officer conducts a search of a residence. The officer records the search proceedings using audio-video means, prepares the seizure list, and has two local witnesses sign the list. The footage and list are promptly sent to the District Magistrate for official review.
Section 105 of BNSS Short Information
| Key Point | Explanation (In Simple Words) |
|---|---|
| 1. Search and Seizure Must Be Recorded | When police conduct a search or seize any property, the full process must be recorded using audio or video, preferably with a mobile phone. |
| 2. Complete List of Items Seized | A written list of all items taken during the search must be prepared. This list should be signed by the witnesses present during the search. |
| 3. Use of Technology for Transparency | The law encourages use of electronic means to ensure that the search and seizure are done lawfully and fairly, leaving no room for doubt or misuse. |
| 4. Forwarding to Magistrate | The audio-video recording must be sent without delay to the District Magistrate, Sub-Divisional Magistrate, or a Judicial Magistrate of the First Class. |
| 5. Protecting Rights and Ensuring Justice | This section helps ensure public trust by making the search process transparent, reducing chances of illegal action or tampering during investigation. |
BNSS Section 105 FAQs
BNSS 105
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