Police Phone Search Rights

Police in India can seize a mobile phone during an investigation when there is a lawful investigative basis, but seizure, searching the phone’s contents, demanding passwords, and retaining the device are separate legal issues. The BNSS provides procedural safeguards for search and seizure, while Articles 20(3) and 21 protect against self-incrimination and safeguard privacy. If relevant digital evidence has already been preserved, courts may also permit the return of the physical device subject to appropriate conditions.