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Side-by-Side Comparison

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

OLD LAW (IPC)

CrPC Section 91-105

Act of 1860

Section Data Pending

Details for this section are being updated.
PunishmentN/A
REFORM
NEW LAW (BNS)

BNSS Section 94-116

Act of 2024

Section Data Pending

Details for this section are being updated.
PunishmentN/A
1860
CrPC Section 91-105 Origin
2024
BNSS Section 94-116 Reform

Legal Implications

The BNSS's search and seizure framework represents the most comprehensive update since the CrPC was enacted — acknowledging that most evidence in modern crime exists in digital form. Three key additions: electronic production summons (applicable to cloud storage, email records, social media data); electronic device seizure protocols (prescribing how phones, laptops, and storage media should be handled to preserve digital evidence integrity); and mandatory video recording of searches (the most practically significant addition — every search in a serious case must be recorded on video, creating an incontrovertible record of what was found where and how the search was conducted). The video recording requirement addresses a persistent problem in Indian criminal justice: disputes about planted evidence during searches. With mandatory video recording, disputes about search procedure become resolvable by reviewing the footage rather than through contested witness testimony.

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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