Question

Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, what is now a mandatory requirement for the process of search and seizure conducted by the police?

• A. The acquisition of a signed written confession from the occupant of the premises
• B. The presence of a Judicial Magistrate during the search
• C. The presence of at least five local residents as independent witnesses
• D. The documentation of the entire search and seizure process via audio-video electronic recording

Hint:

Under the new BNSS framework, digital transparency is prioritized. Always associate Section 105 with the requirement for "audio-video electronic recording" to ensure the integrity of the seizure list!

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The BNSS, 2023, introduces modernized procedural requirements to increase transparency in police investigations.

Step 2: Key Formula or Approach:
The approach involves identifying the specific statutory obligation introduced by the new criminal law codes regarding digital evidence during searches.

Step 3: Detailed Explanation:
Section 105 of the BNSS mandates that during search and seizure operations, the police officer or any other person making the search must prepare a list of all things seized and the places in which they are found.
Crucially, the law now requires that the entire process of search and seizure be documented through audio-video electronic means.

This requirement is intended to prevent allegations of planting evidence or procedural misconduct during investigations.

Step 4: Final Answer:
The mandatory requirement introduced is the documentation of the search and seizure process via audio-video electronic recording. Thus, (D) is the correct answer.

Answer 2

This question checks familiarity with Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which introduces a new safeguard for search and seizure operations carried out by the police. Each option needs to be tested against what this provision actually requires.

1. The acquisition of a signed written confession from the occupant of the premises: A confession obtained during a search would raise serious concerns about voluntariness and admissibility, and Section 105 does not ask for anything of the kind. Search and seizure procedure is about documenting the process, not extracting statements from the occupant, so this option is incorrect.
2. The presence of a Judicial Magistrate during the search: While magistrates play a role in certain other stages of criminal procedure, Section 105 does not require a Judicial Magistrate to be physically present during an ordinary search and seizure. This option misstates the safeguard actually introduced.
3. The presence of at least five local residents as independent witnesses: This echoes older requirements for panch witnesses under earlier procedural law, but it is not the change introduced by Section 105 of the BNSS. The new provision's focus is technological documentation, not a fixed headcount of local witnesses for this particular requirement.
4. The documentation of the entire search and seizure process via audio-video electronic recording: This is precisely what Section 105 mandates. The police officer or person conducting the search must record the entire process using audio-video electronic means, in addition to preparing the usual list of seized items and the place where they were found. This modernizes the safeguard against allegations of evidence being planted or the process being conducted unfairly.

Among the four options, only the audio-video recording requirement matches the actual text and purpose of Section 105 of the BNSS, 2023.

Therefore, the correct answer is The documentation of the entire search and seizure process via audio-video electronic recording.