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.
Bharatiya Nagarik Suraksha Sanhita
Section 105
Recording of search and seizure through audio-video electronic means
Englishहिंदी
⚡ Quick Answer Reference: Section 105 BNSS
- Provision: Section 105 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
- Jurisdiction: India
- Summary: This section requires police officers to record searches and seizures using audio-video electronic means, such as mobile phones, and send the recordings to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class without delay.
Statutory Content
What does Section 105 of BNSS say?
Indian StandardSection 105, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 105 (India)
Court Pleading StandardSection 105 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/105
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose
What does Section 105 of BNSS mean?
Plain English Explanation
This section requires police officers to record searches and seizures using audio-video electronic means, such as mobile phones, and send the recordings to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class without delay.
Practical Interpretation
In practice, this section means that police officers must use technology to document searches and seizures, which helps maintain transparency and accountability. The recordings are then sent to higher authorities for review and verification.
Core Legal Purpose
The core purpose of this section is to ensure that searches and seizures are conducted in a transparent and accountable manner, which helps prevent abuse of power and protects the rights of citizens.
Key Legal Elements
- •The process of conducting search of a place or taking possession of any property, article or thing under this Chapter or under section 185 must be recorded through any audio-video electronic means.
- •The list of all things seized in the course of such search and seizure must be prepared and signed by witnesses.
- •The police officer must forward the recording to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class without delay.
- •This section does not specify any exceptions or limitations.
Practical Example
Practical Example of Section 105 BNSS
Rajesh, a police officer, conducts a search of a suspect's house under Section 105 of BNSS. He uses his mobile phone to record the search and seizure process, including the preparation of a list of seized items signed by witnesses. Rajesh then forwards the recording to the District Magistrate without delay. This ensures that the search and seizure process is transparent and accountable, and helps prevent any potential abuse of power.
Common Questions (FAQ)
Frequently Asked Questions about Section 105 BNSS
Q: What is the punishment or consequence under Section 105 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to police officers conducting searches and seizures under this Chapter or under section 185, which may involve both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not create an offence. Therefore, it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 105 BNSS
What is Section 105 of BNSS?
Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Recording of search and seizure through audio-video electronic means". In plain terms: This section requires police officers to record searches and seizures using audio-video electronic means, such as mobile phones, and send the recordings to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class without delay.
What is the punishment under Section 105 of BNSS?
Section 105 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 105 of BNSS bailable or non-bailable?
Whether Section 105 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 105 of BNSS?
The essential elements of Section 105 of BNSS are: The process of conducting search of a place or taking possession of any property, article or thing under this Chapter or under section 185 must be recorded through any audio-video electronic means.; The list of all things seized in the course of such search and seizure must be prepared and signed by witnesses.; The police officer must forward the recording to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class without delay..
Landmark Case Laws
Landmark Judgments under Section 105 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Related Sections
Commonly Cited Alongside
Sections commonly cited alongside Section 105
Query this section with AI
Ask Nyaya AI About Section 105
Select a pre-configured prompt to run this section through the grounded research engine.
Contextual Workflows