Recording Of Search And Seizure Through Audio-Video Electronic Means Under Section 105 Of The BNSS

Modern perspectives in criminal investigation, by the integration of scientific and electronic techniques with traditional criminal investigation methods, ensure not only efficiency in the investigation but also transparency and accountability in that process. With the increasing impact of technology in everyday life, the production of electronic evidence has become essential to establish the guilt of the accused.1 As early as in the year 2009, the Apex Court had occasion to emphasise the need to make use of advanced information technology in the investigation of cases.2 The Delhi High Court, dealing with the evidence of seizure produced by the prosecution in a case under the NDPS Act, had observed that, with so many technological advances where satellite imagery to the smallest degree of precision of any location in the world is available, the police could no longer be excused for not improving its methods of gathering and presenting evidence.3 In the case of Shafhi Mohammad v. State of Himachal Pradesh,4 the Supreme Court had agreed with the report of the Committee constituted by the Ministry of Home Affairs regarding the use of videography in police investigation and accepted the action plan prepared by the MHA and issued a slew of directions for its implementation. The High Court has pointed out that the BNSS has the potential to revolutionise the collection of evidence and also its presentation during the criminal trial.6 Section 105 of the BNSS Search and seizure are essential steps in the armoury of an investigator in the investigation of a criminal case.7 Section 105 is a new provision introduced in the BNSS and it mandates the use of technology in the collection of evidence, while conducting search and seizure. 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”. Section 105 of the BNSS also indicates that, the entire process of search and seizure, including preparation of the search list and signing of it by witnesses, shall be recorded through audio-video electronic means.