Section 105 of BNSS : Section 105: Recording of search and seizure through audio-video electronic means.

Explanation using Example

Example 1:

Scenario: The police receive a tip-off about illegal weapons being stored in a warehouse in Mumbai.

Action: The police obtain a search warrant and proceed to the warehouse to conduct a search.

Application of Section 105:

1. The police officers use their mobile phones to record the entire search process, including the discovery of illegal weapons.
2. They prepare a list of all the weapons and other items seized during the search.
3. The list is signed by two witnesses present at the scene.
4. The police officers immediately forward the audio-video recording to the District Magistrate.

Outcome: The recording serves as evidence that the search and seizure were conducted lawfully and transparently, ensuring that the rights of the individuals involved are protected.

Example 2:

Scenario: A police team in Delhi is investigating a case of counterfeit currency and plans to search a suspect's house.

Action: The police obtain the necessary legal permissions and proceed to the suspect's house to conduct the search.

Application of Section 105:

1. The police officers use a body camera to record the entire search process, capturing every room and area they inspect.
2. During the search, they find a stash of counterfeit currency and other related materials.
3. They prepare a detailed list of all the items seized and have it signed by two independent witnesses who are present.
4. The police officers promptly send the audio-video recording to the Sub-divisional Magistrate.

Outcome: The recording provides a clear and indisputable account of the search and seizure, which can be used in court to support the legality of the police actions and the authenticity of the evidence collected.

Example 3:

Scenario: In a small town in Kerala, the police suspect that a local shop is selling stolen goods.

Action: The police obtain a search warrant and visit the shop to conduct a search.

Application of Section 105:

1. The police officers use a digital camera to record the search process, ensuring that every part of the shop is covered.
2. They find several items that match the description of stolen goods reported in recent thefts.
3. A list of all seized items is prepared and signed by two local residents who are present as witnesses.
4. The police officers immediately forward the recording to the Judicial Magistrate of the first class.

Outcome: The audio-video recording ensures that the search and seizure process is documented accurately, providing transparency and accountability, and helping to uphold the integrity of the investigation.

Example 4:

Scenario: The police in Bangalore are investigating a drug trafficking ring and plan to search a suspect's apartment.

Action: The police obtain the necessary legal permissions and proceed to the apartment to conduct the search.

Application of Section 105:

1. The police officers use a mobile phone to record the entire search process, capturing every detail of the search.
2. They discover a significant quantity of illegal drugs and related paraphernalia.
3. A detailed list of all seized items is prepared and signed by two neighbors who are present as witnesses.
4. The police officers promptly send the audio-video recording to the District Magistrate.

Outcome: The recording provides a transparent and verifiable account of the search and seizure, which can be used in court to demonstrate that the police followed proper procedures and collected evidence lawfully.