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Search Warrants and Safeguards: Governing the Search of Premises Under the BNSS and Its Corresponding Provisions Under the CrPC

Volume
3
Issue
1
Pages
1–8
Published
Oct 2026
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Abstract

Search and seizure are indispensable tools of criminal investigation, enabling law enforcement authorities to locate evidence and prevent its concealment or destruction. However, searching private premises can intrude upon privacy, dignity, property, and personal liberty. This article examines search warrants and safeguards governing the search of premises in India, focusing on the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and its corresponding provisions under the Code of Criminal Procedure, 1973 (CrPC). It compares the statutory framework for issuing search warrants, searching places suspected to contain specified articles, entry into closed premises, independent witnesses, seizure inventories, and recording of searches. Particular attention is given to section 105 BNSS, which expressly requires audio-video recording of searches and seizures, and to the related police-search power under section 185 BNSS, corresponding broadly to section 165 CrPC. The article situates these procedures within Article 21 of the Constitution and Supreme Court jurisprudence on privacy and unlawful searches. It argues that the BNSS retains important procedural safeguards while adding a significant digital-recording requirement. Effective implementation requires accurate documentation, respect for the scope of authority, secure preservation of recordings, and meaningful judicial scrutiny.

Authors
KD
K. Deepanapriya
Keywords
search warrantsaudio-video recordingprivacy safeguardsBNSSCrPC
References
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