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.
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