Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 105: Recording of search and seizure through audio-video electronic means.
The process of conducting a 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 cell phone. The police officer shall without delay forward such recording to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class.
Brefe Detail
Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates that searches and seizures must be recorded using audio-video electronic means. This includes documenting the search process, preparing a list of seized items, and having witnesses sign this list. The recorded material must be promptly forwarded to the relevant magistrate.
Question & Answers
What does Section 105 require regarding searches and seizures?
Section 105 requires that the process of conducting searches and seizures be recorded using audio-video electronic means.
What type of device is preferred for recording the search and seizure process?
The preferred device for recording is a cell phone.
Who should receive the recording of the search and seizure?
The recording should be forwarded to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class.
What is included in the recording process according to Section 105?
The recording process includes conducting the search, taking possession of items, preparing a list of seized items, and having witnesses sign the list.
Example
1. A police officer conducts a search for stolen property at a residence. During the search, they record the entire process on their cell phone, documenting the items found and creating a list of these items.
2. After the search, the officer ensures that the video recording is sent to the District Magistrate immediately for review.
Summary
Section 105 emphasizes the importance of transparency and accountability in the search and seizure process by mandating audio-video recordings. This procedure ensures that all actions taken by law enforcement are documented and available for review by judicial authorities, promoting integrity in the enforcement of the law.
