Punishment & Penalties: Section 105 BNSS
Re: Recording of search and seizure through audio-video electronic means
Statutory Wording
Life Imprisonment OR Up to 10 years + Fine
Procedural Classification
Bail EligibilityNon-Bailable (Court discretion)
CognizabilityCognizable (Arrest without warrant)
Trial JurisdictionSessions Court
Limitation PeriodNone
Practical Legal Considerations
- Mitigating Factors: Indian courts regularly consider the age of the offender, criminal history, and motive as mitigating factors to reduce punishments under this section.
- Compounding Offences: Check if this offence is compoundable (settlable) under Section 320 CrPC to avoid trial sentences.
- Probation: First-time offenders under non-serious categories may qualify for probation instead of actual imprisonment under the Probation of Offenders Act.