CrPC Section 91-105 vs BNSS Section 94-116
BNSS adds two transformative provisions to the search and seizure framework: (1) explicit powers to seize electronic devices and access digital data; and (2) mandatory video recording of search proceedings for offences punishable with 7+ years — dramatically improving accountability.
What Changed?
BNSS Section 94: production summons explicitly extended to electronic records including cloud data.
BNSS Section 105: specific electronic device search and seizure provisions — no CrPC equivalent.
BNSS Section 106: mandatory video recording of search proceedings for offences punishable 7+ years.
BNSS Section 105(3): forensic examination of devices mandated in specified cases.
Two-witness requirement preserved — BNSS Section 103.
Physical search warrant procedures preserved alongside new electronic provisions.
Verdict
"Mandatory video recording of searches for serious offences removes a major source of dispute — planted evidence, alleged torture during searches, and improper search procedure allegations will all be harder to sustain (or easier to prove) with video evidence."
Detailed Analysis
CrPC Section 91-105
Section Data Pending
BNSS Section 94-116
Section Data Pending
Legal Implications
Practical Scenarios
"CBI raiding a company in a corruption case (offence punishable 7+ years) — BNSS Section 106 requires video recording of the entire search."
"Police seizing an accused's phone containing encrypted chats — BNSS Section 105 forensic examination protocols apply."
Expert Q&A
Can police seize and search my phone during a raid under BNSS?
Police can seize electronic devices during a search under BNSS Section 105. However, accessing the data on the device (especially encrypted data) requires following prescribed forensic procedures. For serious offences, the search itself must be video-recorded under BNSS Section 106.
Is search video recording mandatory for all searches?
Under BNSS Section 106, video recording is mandatory for searches in cases involving offences punishable with 7+ years imprisonment. For minor offences, it is not mandatory but recommended.
Legal Glossary
Related Legal Terms
The obligation placed on a party to prove a fact in issue � in criminal cases, on the prosecution; in civil cases, usually on the plaintiff.
evidenceThe highest standard of proof in criminal law � the prosecution must eliminate every reasonable doubt about the accused's guilt.
evidenceIndirect evidence that allows an inference to be drawn about the main fact from surrounding circumstances.
evidenceA witness with specialised knowledge who gives opinion evidence on technical matters.
evidenceDeepen Your Legal Knowledge
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