Police at Your Door to Search Your Home: Videography Under BNSS vs CrPC

In India, when police arrive to search a home, Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) now requires the entire search-and-seizure process to be recorded through audio-video electronic means and sent to a Magistrate — a mandate with no equivalent in Sections 93-100 or Sections 165-166 of the CrPC — and Section 185(5) BNSS adds an explicit 48-hour deadline that Section 165(5) CrPC never had.

The situation

Police officers arrive at a person's home seeking to search it — either armed with a search warrant issued by a court, or, during an ongoing investigation, without a warrant because they believe something relevant to the case is inside and cannot otherwise be obtained without undue delay. The occupant wants to know what the officers are legally required to do, who must be present, and whether the search must be recorded.

Old law vs new law at a glance

What the law requires now, step by step

Step 1 — The warrant route: a court authorises the search

Section 96(1) BNSS carries over Section 93(1) CrPC's grounds for a search warrant: where a person will not produce a document or thing already summoned, where its possessor is unknown to the court, or where the court considers a general search or inspection will serve the purposes of an inquiry, trial or other proceeding, "it may issue a search-warrant." The court may confine the warrant to a specified place or part of it under sub-section (2).

Step 2 — The no-warrant route: an investigating officer's own search

Section 185(1) BNSS carries over Section 165(1) CrPC's structure: an officer in charge of a police station, or an investigating officer, with reasonable grounds to believe that something necessary for the investigation is in a place within the station's limits, and that it cannot otherwise be obtained without undue delay, may search that place — after recording in writing, in the case diary, the grounds of the belief and, so far as possible, the thing sought. The words "in the case-diary" are an addition: Section 165(1) CrPC required the grounds to be recorded in writing, without naming the case diary.

Step 3 — The new requirement: the search itself must be recorded

Section 185(2) BNSS states:

"A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person: Provided that the search conducted under this section shall be recorded through audio-video electronic means preferably by mobile phone."

Section 165(2) CrPC, as read, contained only the first sentence — the officer should conduct the search in person if practicable — with no proviso requiring any recording.

Step 4 — A dedicated section makes recording mandatory across all search types

Section 105 BNSS states:

"The process of conducting search of a place or taking possession of any property, article or thing under this Chapter or under section 185... shall be recorded through any audio-video electronic means preferably mobile phone and the police officer shall without delay forward such recording to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class."

Because Section 105 BNSS refers to "this Chapter" (which contains the warrant-search provisions, Sections 96-104) as well as "section 185" (the no-warrant investigation search), it covers both routes described in Steps 1 and 2. No comparable section exists in the CrPC text read.

Step 5 — Independent witnesses still required

Section 103(4)-(6) BNSS carries over Section 100(4)-(6) CrPC's witness procedure unchanged in substance: the officer calls two or more independent and respectable inhabitants of the locality to attend and witness the search; the search happens in their presence; a list of everything seized is prepared and signed by them; and the occupant, or someone on their behalf, is permitted to attend and receives a copy of the list.

Step 6 — Sending the search record to the Magistrate

Section 185(5) BNSS requires copies of the case-diary record to be sent "forthwith, but not later than forty-eight hours" to the nearest Magistrate empowered to take cognizance, who must furnish a free copy to the owner or occupier on application. Section 165(5) CrPC, as read, required the same forwarding "forthwith," without stating a numeric outer limit.

Step 7 — Cross-jurisdiction and urgent searches

Section 186 BNSS carries over Section 166 CrPC's structure for an officer requiring another police station to search on their behalf, and for urgent searches across station limits where delay could result in evidence being concealed or destroyed. Under Section 186(4) BNSS, the officer conducting such an urgent search must forthwith send notice of the search, with a copy of the list (if any) prepared under Section 103 BNSS, to the officer in charge of the station where the place is situated, and must also send copies of the records made under Section 185(1) and (3) BNSS to the nearest Magistrate empowered to take cognizance.

What changed — and what did not

• New provision: Section 105 BNSS's mandatory audio-video recording of the search-and-seizure process, and its requirement to forward the recording to a Magistrate "without delay," has no equivalent anywhere in the CrPC sections read.
• New: The proviso to Section 185(2) BNSS specifically requiring recording of an investigation search has no counterpart in Section 165(2) CrPC.
• Modified: Section 185(1) BNSS requires the grounds of belief to be recorded "in the case-diary"; Section 165(1) CrPC required them to be recorded in writing without naming the case diary.
• Modified: Section 185(5) BNSS's explicit "not later than forty-eight hours" limit for sending search records to the Magistrate replaces Section 165(5) CrPC's undefined "forthwith."
• Identical in substance: The grounds for issuing a search warrant (Section 96 BNSS / Section 93 CrPC), the independent-witness procedure (Section 103 BNSS / Section 100 CrPC), and the cross-jurisdiction search mechanism (Section 186 BNSS / Section 166 CrPC) are carried over largely unchanged, apart from renumbered cross-references and BNS-aligned penalty citations.

Which law applies to your case

If the search took place, or the investigation it was part of was already pending, before 1 July 2024, the CrPC's search provisions may continue to govern that matter under the savings clause at Section 531 BNSS, rather than Section 105 or Section 185 BNSS applying retrospectively. The full rule is set out in Which Law Applies to an Offence Before 1 July 2024. This article does not restate the transition rule beyond that reference.

Practical checklist

For the occupant of a home being searched:

• Ask to see the search warrant, if one is being executed, and note the place or part it specifies under Section 96(2) BNSS.
• If no warrant is shown, note whether the officer states this is an investigation search under Section 185 BNSS, and whether the search is being recorded on video as required by Section 185(2) and Section 105 BNSS.
• Confirm that two independent, respectable local witnesses are present under Section 103(4) BNSS, and ask for a copy of the seizure list under Section 103(6) BNSS.
• Retain any acknowledgment or copy of the list you are given.

For the advocate:

• Check the case diary for the officer's recorded grounds of belief under Section 185(1) BNSS before assessing the search's validity.
• Where no audio-video recording of the search exists, or none was forwarded to a Magistrate, flag this against the mandatory requirements of Section 105 and Section 185(2) BNSS.
• Verify the search record reached the Magistrate within the 48-hour limit fixed by Section 185(5) BNSS.
• For a cross-jurisdiction search, confirm that the notice and copy of the list required by Section 186(4) BNSS reached the local officer in charge, and that copies of the Section 185(1) and (3) records reached the nearest Magistrate.

Frequently asked questions

Can police search my home without a warrant under the new law?

Yes, in the same circumstances as before: Section 185(1) BNSS (replacing Section 165 CrPC) lets an officer in charge of a police station or an investigating officer search a place within the station's limits, without a warrant, if there are reasonable grounds to believe something necessary for the investigation is there and cannot otherwise be obtained without undue delay — after recording the grounds in writing in the case diary. The words "in the case-diary" are new in Section 185(1) BNSS; Section 165(1) CrPC required the grounds to be recorded in writing without naming the case diary.

Must the police video-record a search of my home?

Yes. Section 185(2) BNSS adds a proviso requiring that "the search conducted under this section shall be recorded through audio-video electronic means preferably by mobile phone." Section 105 BNSS separately mandates recording of the whole search-and-seizure process, including preparation and signing of the seizure list, for both warrant searches and Section 185 investigation searches. Neither requirement exists in Section 165 CrPC or Sections 93-100 CrPC as read.

Who has to witness a police search of my home?

Section 103(4) BNSS (like Section 100(4) CrPC before it) requires the officer to call two or more independent and respectable inhabitants of the locality to attend and witness the search. The search is made in their presence, a list of everything seized is prepared and signed by them, and a copy is given to the occupant.

How quickly must police send the search record to a Magistrate?

Section 185(5) BNSS requires copies of the search record to be sent to the nearest Magistrate "forthwith, but not later than forty-eight hours." Section 165(5) CrPC, as read, required the record to be sent "forthwith" with no numeric outer limit stated.

Does the videography requirement apply to a search under a court warrant, or only a police investigation search?

Section 105 BNSS applies to "the process of conducting search of a place or taking possession of any property, article or thing under this Chapter or under section 185" — meaning it covers both the warrant-based searches in Sections 96-103 BNSS and the no-warrant investigation searches in Section 185 BNSS.

Does this videography requirement apply to a search that happened before 1 July 2024?

Whether Section 105 or Section 185(2) BNSS applies to a given search depends on whether the search, or the investigation it was part of, was already pending immediately before the BNSS came into force. See the dedicated transition guide for the full rule under Section 531 BNSS.

Related on Veritect

• Forensic Evidence and Videography Under the New Criminal Law
• Section 176 BNSS — Mandatory Forensic Investigation, New Provision
• Section 311A CrPC vs Section 349 BNSS — Specimen Signatures and Forensic Samples
• Which Law Applies to an Offence Before 1 July 2024
• Rights After Arrest: A Checklist Under BNSS vs CrPC
• Getting a Seized Vehicle or Property Back: CrPC 451-459 vs BNSS 497-505
• Section 165 CrPC vs Section 185 BNSS — Search by Police Officer
• Section 451 CrPC vs Section 497 BNSS — Custody and Disposal of Property (CrPC 451-452)

Statutory sources

• Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 96(1)-(3); Section 103(1)-(8); Section 105; Section 185(1)-(5); Section 186(1)-(5) (read from BNSS_2023.md)
• Code of Criminal Procedure, 1973 — Section 93(1)-(3); Section 100(1)-(8); Section 165(1)-(5); Section 166(1)-(5) (read from CrPC_1973.md)

This guide explains the statutory text of the BNS, BNSS and BSA as enacted. It is not legal advice; for a specific case, consult an advocate.