The Digital Vault
Your phone is an extension of your privacy. In 2017, the Supreme Court of India declared privacy to be a Fundamental Right.
Puttaswamy
The landmark judgment that secured digital privacy.
Right to Silence
You cannot be forced to give up your password or unlock code.
Court Order
Except for specific cases, police generally need judicial authority.
1. Can police force me to unlock my phone?
Under Article 20(3) of the Constitution, no person can be compelled to be a witness against themselves. Forcing you to provide a password or biometric unlock (Face/Fingerprint) is a direct challenge to this right.
"If an officer asks you to unlock your phone on the street, you are within your rights to say: 'I do not consent to a search of my personal device. I am exercising my right to privacy under Article 21.'"
2. Section 69 of the IT Act
While you have a right to privacy, the government has powers under Section 69 of the Information Technology Act to intercept or decrypt information in the interest of:
- Sovereignty or integrity of India.
- Security of the State.
- Public Order.
- Investigation of any offense.
However, these powers must be exercised following a legal procedure, and cannot be used by a constable on a whim.
3. Seizure vs. Search
Police may seize your phone under Section 102 of the CrPC if they believe it contains evidence of a crime. However, seizing a physical object is different from searching its data. To browse through your WhatsApp or photos, they must satisfy the court that the search is proportional and necessary.
Know Your Value
Your data is your property. Protecting it is not just about hiding; it's about upholding the constitutional framework of India.
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