Bharatiya Nagarik Suraksha Sanhita, 2023
Section 105
Recording of search and seizure through audio-video electronic means
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.
Why this exists
This provision was introduced in the Bharatiya Nagarik Suraksha Sanhita, 2023 (which replaced the Code of Criminal Procedure, 1973) to modernize criminal procedure and increase transparency and accountability during searches and seizures. Historically, disputes often arose about whether searches were conducted fairly, whether witnesses actually saw what was seized, or whether items were planted. Mandatory audio-video recording, using widely available mobile phones, aims to create an objective record that can be checked later by courts, reducing allegations of fabrication or procedural abuse.
Common misconceptions
- Myth: The video recording is optional if police don't have proper recording equipment.
Fact: The law specifically allows an ordinary mobile phone to be used, so lack of specialized equipment is not an excuse to skip recording. - Myth: Only the seizure itself needs to be recorded, not the seizure list or witness signatures.
Fact: The provision requires recording the entire process, including preparation of the seized-items list and its signing by witnesses. - Myth: Police can send the recording to the Magistrate whenever convenient, even weeks later.
Fact: The law requires the recording to be forwarded 'without delay,' meaning promptly, not after an extended gap.