Discussion
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, what is now a mandatory requirement for the process of search and seizure conducted by the police ?
Answer: B
The mandatory requirement is the documentation of the entire search and seizure process via audio-video electronic recording.
Section 105 of the BNSS, a new provision, requires the search of a place or the taking of possession of property, including the preparation of the list of seized things and its signing by witnesses, to be recorded through audio-video electronic means, preferably a mobile phone. The recording must be forwarded without delay to the Magistrate. It is meant to make searches transparent and the evidence harder to dispute.
No Magistrate need be present. The independent witness rule (Section 103 of the BNSS) asks for two respectable local inhabitants, not five. And a confession from the occupant has nothing to do with a valid search.
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