Builds on: Electronic Evidence: Best Practices and Pitfalls
India: Recording Search and Seizure
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Under India's new criminal procedure law, a police officer who searches a place or seizes property must record the process on video. The recording protects the officer, the accused and the evidence. It is also an electronic record that must itself be kept and proved with care.
Focus: what the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) requires, and how to make a recording that stands up. This unit is general knowledge, not legal advice. Your State's rules and your agency's orders come first.
Learning objectives
- State the audio-video recording duties in sections 105 and 185 of the BNSS.
- Explain when a forensic expert must visit the scene.
- Make and preserve a search recording in a sound way.
- Say what official sources state about the eSakshya app.
- Describe the court-driven guidance on seizing digital devices.
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