Abstract

This paper critically examines the evolving challenges of search and seizure procedures in the context of criminal law and the current digital age, with a special focus on the shift from the Code of Criminal Procedure, 1973 (CrPC) to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It explores the extent to which these legal frameworks address or rather fail to address the complexities of the digital era, where technology has significantly reshaped both privacy and investigative processes. Through a constitutional lens, particularly Article 21 and the jurisprudence on the right to privacy, the paper questions whether procedural safeguards have meaningfully evolved to keep pace with the intrusive capacities of digital surveillance and forensic technologies. By analyzing key cases such as the infamous Bhima Koregaon arrests, the paper reveals the systematic risks of misusing search and seizure powers, especially in cases involving digital evidence. It argues that the lack of statutory clarity on digital searches leaves individuals vulnerable to overreach and violation of due process. The BNSS, despite its promise of an ‘anti-colonialist’ structure, continues to carry forward ambiguities and archaic assumptions from the CrPC, missing an opportunity to strengthen rights-based protections in the investigative process. The paper also examines the role of investigative often with little judicial oversight. This raises serious concerns regarding evidentiary authenticity, potential planting or manipulation of data, and overall accountability. Ultimately, the paper urges for a reimagination of procedural law that aligns with the digital realities of the current era. It advocates for interpretive sensitivity from courts, legislative specificity on digital search protocols, and stronger data protection norms to uphold the rule of law and prevent the erosion of civil liberties under the guise of national security or public order.

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