India implements new BNSS mandates for searches and arrests

New legal mandates under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, are reshaping police procedures in India. Under Section 105, the process of conducting searches and seizing property must now be recorded through audio-video electronic means, such as a mobile phone. This requirement includes the preparation and signing of seizure lists by witnesses, with the resulting recording to be forwarded to relevant judicial or district magistrates to ensure an objective record of the investigation.

In Karnataka, the state police department has issued a circular mandating strict compliance with Section 35 of the BNSS regarding arrests and personal liberty. Following orders from the Karnataka High Court and Supreme Court precedents, the directive states that for offenses punishable by up to seven years, issuing a notice is the rule while arrest remains the exception. Investigating officers are required to document all reasoning for arrest decisions in case diaries, and failure to comply with these protections may result in departmental consequences or personal legal costs for officers.