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

The Bharatiya Nagarik Suraksha Sanhita replaced the old Code of Criminal Procedure and brought in several technology driven changes, one of which concerns how searches are documented.

1. The presence of at least five local residents as independent witnesses: This sounds like the older practice of calling local witnesses for a search, but it is not what Section 105 newly requires, so this option does not fit.
2. The presence of a Judicial Magistrate during the search: A magistrate's presence is not demanded by this provision either, so this can be set aside as well.
3. The acquisition of a signed written confession from the occupant of the premises: Taking a confession during a search is not part of proper procedure at all, and Section 105 has nothing to do with obtaining any such statement.
4. The documentation of the entire search and seizure process via audio-video electronic recording: This is the actual requirement. Section 105 makes it compulsory to record the whole search and seizure on audio-video, alongside preparing a list of what was seized and where it was found, so that the process stays transparent and verifiable later.

Clearing away the three options that do not match the provision leaves the audio-video recording requirement as the answer.

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

Answer 2

Search and seizure has long been a stage of criminal investigation vulnerable to disputes, with allegations sometimes made that evidence was planted or the process was not conducted fairly. The BNSS, 2023 responds to this concern in Section 105 by building in a technological safeguard.

1. The documentation of the entire search and seizure process via audio-video electronic recording: This is the safeguard Section 105 actually introduces. Recording the search from start to finish creates an objective record that can be checked later, addressing the exact concern the provision was designed for.
2. The acquisition of a signed written confession from the occupant of the premises: A confession does nothing to make the search process more transparent and is not connected to this safeguard at all.
3. The presence of a Judicial Magistrate during the search: While judicial oversight matters elsewhere in criminal procedure, it is not the mechanism Section 105 relies on for this particular safeguard.
4. The presence of at least five local residents as independent witnesses: A fixed panel of local witnesses served a similar transparency purpose under older procedure, but Section 105's own answer to that need is the audio-video record, not a witness count.

Matching the rationale behind Section 105 to its actual text confirms that the electronic recording requirement is the intended safeguard.

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