| Abstract: |
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) , which, with effect from 1 July 2024, repeals the Code of Criminal Procedure , 1973, represents a paradigmatic reconfiguration of the Indian criminal procedural framework. Reforms of far-reaching significance include Section 105 which, when read with Sections 185 and 176(3), require the audio-video electronic recording of the entire process of search and seizure, including preparation of the seizure list and the witnesses signing the same, preferably through a mobile phone, and transmitted immediately to the jurisdictional Magistrate. The legislative imperative "shall," elevates videography from grounds of investigative discretion to grounds for procedural obligation. This reform claims to facilitate transparency, prevent planting of evidence and strengthen fair-trial protections under Article 21 but it simultaneously creates a constitutional conflict with the right to privacy acknowledged in K.S. Puttaswamy v. Union of India (2017). We are worried about the unstructured capturing of intimate domestic spaces, biometric data, a minor, and 3rd party who is not remotely asked to provide any consent that undermines proportionality, data minimization, chain-of-custody integrity under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 Using 412 field-survey responses, 87 reported judgments and secondary data from State Police Headquarters and the e-Sakshya portal, this empirical study investigates compliance patterns, judicial response, and citizen perceptions in five Indian states from July 2024 to December 2025. The results illustrate a stark divide between legislative ambition and field practice: only 38.4 per cent of reported searches complied fully with statutes, and 61.2 per cent of respondents raised privacy concerns. This paper finally suggests a framework similar to the Puttaswamy triple test of legitimacy, necessity and proportionality to reconcile digital transparency with forensic privacy. |
