Open Access Research Article

RECONCILING MANDATORY VIDEOGRAPHY UNDER SECTION 105 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 WITH THE ELECTRONIC EVIDENCE REGIME UNDER SECTION 63 OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023

Author(s):
ABHIMAN MOHAPATRA AYUSHI CHOUHAN HARSHA YADAV
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 6
DOI https://www.doi-ds.org/doilink/09.2026-29127892/RECONCILING MANDATORY VIDEOGRAPHY UNDER SECTION 10
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Abstract

Abstract
India’s twin criminal-law reforms of 2023 created a friction between two newly enacted codes. The Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) makes audio-video recording of every search and seizure compulsory, while the Bharatiya Sakshya Adhiniyam, 2023 (“BSA”) simultaneously tightened the conditions for admitting electronic records, requiring a two-part certificate disclosing a cryptographic hash value and bearing an expert’s signature. Neither statute expressly states whether the video that Section 105 BNSS compels investigators to create must itself clear the certification hurdle in Section 63 BSA before a trial court may rely on it. This paper undertakes a doctrinal reading of the two provisions, tests that reading against the Allahabad High Court’s ruling in Shadab v. State of U.P. and the Supreme Court’s clarification of Section 63(4) in Pune Bar Association v. Union of India, and situates the Bureau of Police Research and Development’s 2024 Standard Operating Procedure as an administrative attempt to answer a question the legislature left open. Drawing a comparison with the self-authentication route available for machine-generated records under Rules 902(13)–(14) of the U.S. Federal Rules of Evidence, the paper argues that Indian law should recognise a differentiated, lighter compliance standard for law-enforcement-generated recordings, and recommends a specific administrative mechanism to achieve this.

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Author Details

Authors: ABHIMAN MOHAPATRA, AYUSHI CHOUHAN & HARSHA YADAV
Registration ID: 1013183 | Published Paper ID: IJLRA13183, IJLRA13184 & IJRLA13185
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 1056-1070

Article Information

RECONCILING MANDATORY VIDEOGRAPHY UNDER SECTION 105 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 WITH THE ELECTRONIC EVIDENCE REGIME UNDER SECTION 63 OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023

Authors: ABHIMAN MOHAPATRA, AYUSHI CHOUHAN, HARSHA YADAV

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 6
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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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