Section 105 BNSS does not create an unconditional right to record every interrogation: J&K High Court

The Jammu and Kashmir and Ladakh High Court has rejected an accused's demand for audiovisual recording of custodial interrogation under Section 105 BNSS. Justice Sanjay Parihar held that the provision governs specified search and seizure processes rather than creating an unconditional recording right for every interrogation. The Court upheld rejection of the application in an NDPS investigation but preserved mandatory statutory safeguards and Supreme Court directions concerning police station CCTV systems. It also allowed recourse to appropriate remedies for specific rights violations. The decision concerns the requested investigative directions and expresses no final view on the accused's guilt or innocence.