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

Hint:

A major theme of the BNSS is "Digital Criminal Procedure." Search and seizure + BNSS usually points toward audio-video recording requirements.

Answer 1

The Correct Option is A

Step 1: Read the question.
Under Section 105 of the BNSS, 2023, what is now a mandatory requirement for police search and seizure.

Step 2: Understand the reform.
The BNSS, 2023 brings technology into investigations. It aims to make searches more transparent and accountable.

Step 3: Learn the requirement.
Section 105 requires the whole search and seizure process to be recorded by audio-video electronic means. This creates reliable evidence.

Step 4: Understand the benefit.
Recording protects the rights of citizens, ensures fairness, and gives strong evidentiary value at trial. It reduces claims of tampering.

Step 5: Check the other options.
The BNSS does not require five local witnesses. It does not require a Judicial Magistrate present at every search. It does not need a signed confession from the occupant.

Step 6: Final answer.
So the mandatory requirement is audio-video recording of the search and seizure.
\[ \boxed{\text{The documentation of the entire search and seizure process via audio-video electronic recording}} \]