Section 105 BNSS: Recording of search and seizure through audio-video electronic means
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 105 BNSS at a Glance
Section 105 BNSS deals with recording of search and seizure through audio-video electronic means. It has no corresponding section in the CrPC. The BNSS applies from 1 July 2024.
Section 105 BNSS Bare Act Text
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.
Source: Section 105, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 105 BNSS in Simple Words
Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 puts searches and seizures on an audio-video electronic record and sends that record straight to a Magistrate. Whenever a place is searched or any property, article, or thing is taken into possession under the same Chapter of the Sanhita or under Section 185 BNSS, the process shall be recorded through any audio-video electronic means, preferably a mobile phone.
The recording must also cover making the list of all seized things and the signing of that list by witnesses. The police officer shall forward the recording without delay to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class.
When Section 105 BNSS Applies
- Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies whenever a place is searched or any property, article, or thing is taken into possession under the same Chapter of the Sanhita or under Section 185 BNSS.
- The search and seizure process shall be captured using any audio-video electronic device, preferably a mobile phone.
- The recording shall also cover making the inventory of all items seized during the search and seizure and the witnesses signing that inventory.
- The police officer shall send the completed audio-video recording without delay to the District Magistrate, the Sub-divisional Magistrate, or a Judicial Magistrate of the first class.
Time Limits Under Section 105 BNSS
- The police officer shall send the audio-video recording to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class without delay.Act text: “the police officer shall without delay forward such recording”
Example of Section 105 BNSS
When Section 105 BNSS Does Not Apply
- Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply where there is no search of a place and no taking possession of any property, article, or thing.
- Section 105 BNSS does not apply when a search of a place or a taking of possession of any property, article, or thing is not conducted under the same Chapter of the Sanhita or under Section 185 BNSS.
No Corresponding CrPC Section
The official comparison tables list no section of the Code of Criminal Procedure, 1973 against Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Code had no section in its place. Section 105 BNSS requires audio-video electronic recording of searches and seizures under the same Chapter of the Sanhita or Section 185 BNSS, and forwarding that recording without delay to the Magistrate.
FAQs on Section 105 BNSS
What must be recorded through audio-video electronic means under Section 105 BNSS?▼
Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires an audio-video electronic recording of the process of conducting a search of a place or taking possession of any property, article, or thing under the same Chapter of the Sanhita or under Section 185 BNSS. This recording shall also include the preparation of the list of all things seized during the search and seizure and the signing of that list by witnesses.
Is a police officer allowed to use a device other than a mobile phone for the recording under Section 105 BNSS?▼
Yes. Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 states that the search and seizure process shall be recorded through any audio-video electronic means, preferably a mobile phone. While a mobile phone is the preferred device stated in the Sanhita, any audio-video electronic means may be used to record the search, the seizure, the preparation of the seizure list, and the signing of that list by witnesses.
To whom must the police officer send the audio-video recording under Section 105 BNSS, and when?▼
The police officer shall forward the audio-video recording without delay to the District Magistrate, the Sub-divisional Magistrate, or a Judicial Magistrate of the first class. Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 makes both the recording of the search and seizure process and the prompt forwarding of that recording to the specified Magistrate mandatory duties of the police officer.
Does the audio-video recording under Section 105 BNSS have to show the seizure list and witness signatures?▼
Yes. Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 specifically provides that the audio-video electronic recording of the search and seizure process shall include the preparation of the list of all things seized in the course of that search and seizure as well as the signing of that list by witnesses. Recording these steps is mandatory whenever a search or seizure is conducted under the same Chapter of the Sanhita or under Section 185 BNSS.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·