Audio-video electronic means
Also called: Audio-video electronic, Video conferencing, Electronic mode
Use of any communication device for video conferencing, for recording identification, search and seizure or evidence, and for electronic communication, as defined in Section 2(1)(a) of the BNSS.
Explained
Section 2(1)(a) of the BNSS provides that audio-video electronic means shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication, and for such other purposes and by such other means as the State Government may by rules provide. The CrPC used the expression in provisions such as Sections 164 and 275 but never defined it; the definition is new in the BNSS. It is related to, but different from, electronic communication under Section 2(1)(i), which is the transmission of information or video content by an electronic device.
The definition is inclusive and functional. It covers both live use, such as appearing or giving evidence by video conference, and recording, such as filming a search or a statement. The State Government may widen it by rules. The phrase is used across the Sanhita rather than in one chapter.
Several uses are frequently tested. Under Section 105, the search of a place or taking possession of property, including preparation of the seizure list and its signing by witnesses, shall be recorded through audio-video electronic means, preferably a mobile phone, and the recording must be forwarded without delay to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class; the proviso to Section 185(2) applies the same rule to searches by a police officer. Under Section 176, the statement of a rape victim may be recorded through such means including a mobile phone. Under Section 183, a confession or statement may be recorded by audio-video electronic means in the presence of the advocate of the accused. Evidence of witnesses and of public servants may be recorded this way under Sections 254, 265 and 336, and under Section 187 a Magistrate may extend detention in judicial custody on production of the accused through such means, though the first production for police custody must be in person.
Section 530 then allows all trials, inquiries and proceedings, including summons and warrants, examination of witnesses, recording of evidence and appeals, to be held in electronic mode. Examiners test the definition, the mandatory recording of search and seizure, and the person to whom the recording is sent.
What the law says
(a) “audio-video electronic” means shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes and by such other means as the State Government may, by rules provide;
Section 2(1)(a) defines audio-video electronic means
Earlier law: CRPC 2. Definitions.
The process of conducting search of a place or taking possession of any property, article or thing under this Chapter or under section 185, including preparation of the list of all things seized in the course of such search and seizure and signing of such list by witnesses, 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.
Mandatory audio-video recording of search and seizure
Earlier law: CRPC New Section
Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality and such statement may also be recorded through any audio-video electronic means including mobile phone.
(2) In each of the cases mentioned in clauses (a) and (b) of the first proviso to sub-section (1), the officer in charge of the police station shall state in his report the reasons for not fully complying with the requirements of that sub-section by him, and, forward the daily diary report fortnightly to the Magistrate and in the case mentioned inclause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by rules made by the State Government.
(3) On receipt of every information relating to the commission of an offence which is made punishable for seven years or more, the officer in charge of a police station shall, from such date, as may be notified within a period of five years by the State Government in this regard, cause the forensic expert to visit the crime scene to collect forensic evidence in the offence and also cause videography of the process on mobile phone or any other electronic device:
Recording of a rape victim's statement by audio-video means
Earlier law: CRPC 157. Procedure for investigation.; 157(1); 157(2); New Sub-Section
Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence:
Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.
Recording of confessions by audio-video means
Earlier law: CRPC 164. Recording of confessions and statements.
(4) No Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the audio-video electronic means.
(5) No Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police.
Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in sub-section (3), the accused shall be detained in custody so long as he does not furnish bail.
Production of the accused for extension of judicial custody
Earlier law: CRPC 167. Procedure when investigation cannot be completed in twenty-four hours.
may be held in electronic mode, by use of electronic communication or use of audio-video electronic means.
Trials and proceedings in electronic mode
Earlier law: CRPC New Section
Example
For example, police search a house under Section 185 of the BNSS. The officer must film the search and preparation of the seizure list on a mobile phone and send the recording without delay to the Magistrate.
For the exam
- Defined in Section 2(1)(a) BNSS; the CrPC used the phrase but did not define it.
- Search and seizure must be recorded, preferably by mobile phone (Sections 105 and 185).
- Recording of search goes without delay to the DM, SDM or Judicial Magistrate first class.
- Confessions under Section 183 may be recorded this way in the presence of the accused's advocate.
- Section 530: all trials, inquiries and proceedings may be held in electronic mode.
231 questions in the Law Maker question bank use this term. Practise Bharatiya Nagarik Suraksha Sanhita questions
Related terms
- Electronic recordData, a record or data generated, an image or sound stored, received or sent in electronic form, or micro film or computer generated micro fiche (Section 2(1)(t) of the IT Act).
- InvestigationAll proceedings under the BNSS for the collection of evidence by a police officer, or by a person other than a Magistrate authorised by a Magistrate.
- InquiryUnder Section 2(1)(k) of the BNSS, every inquiry, other than a trial, conducted under the Sanhita by a Magistrate or Court.
- EvidenceUnder Section 2(1)(e) of the BSA, statements of witnesses before the Court, including those given electronically (oral evidence), and documents, including digital records, produced for its inspection (documentary evidence).
- VictimUnder Section 2(1)(y) of the BNSS, a person who has suffered loss or injury caused by the act or omission of the accused person, including the victim's guardian or legal heir.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.