Can Police Officer Check Your Phone? | Know your Rights – Judiciary Exams – Free PDF Download

Can the police check your phone?

• Unlike a document like a bank statement, which contains specific as well as limited information, a phone is personal.
• Under Article 21 of the Indian constitution, the citizens of India have a fundamental right to privacy that is ‘an intrinsic part of life and liberty’.

LAWS RELATED

• A police officer cannot check anyone’s phone without proper order issued by a court or in case the person is accused in some crime. Even in cases where crime is involved, police needs to seek permission before going through the phone.

Section 91 in The Code Of Criminal Procedure, 1973

• 91 Summons to produce document or other thing.
• Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

Necessary or desirable

• DELHI HIGH COURT
• Chandgiram vs State on 22 March,2012

Section 166 in The Indian Penal Code

• 166 Public servant disobeying law, with intent to cause injury to any person.
•  One year, or with fine, or with both.

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