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Your rights

Can police check my phone?

Short answer

Police need a warrant or your consent to check your phone.

Understanding the issue

Your phone is protected under the Right to Privacy (Article 21). Police cannot randomly search your phone without a valid search warrant from a magistrate, unless you are arrested for a cognizable offence. Even during arrest, they cannot browse through your entire phone without authorization. If police ask to check your phone without a warrant, you can politely refuse. However, during investigation of a serious crime with a court order, they can seize and examine your phone.

Laws that apply

  • Article 21 — Right to Privacy
  • BNSS Section 96 — Search warrant
  • IT Act Section 69 — Interception by government (requires written order)
  • K.S. Puttaswamy v. Union of India (2017) — Right to Privacy is fundamental right