Is It Legal For Police To Check Your Phone Without A Warrant in India?

No, police cannot check your phone without a warrant or your consent, except under specific legal circumstances.

The right to privacy is a fundamental right under Article 21 of the Constitution, upheld in the landmark case Justice K.S. Puttaswamy v. Union of India (2017).

Unlawful phone searches violate Section 165 of the Code of Criminal Procedure, which requires reasonable grounds and prior authorisation. Exceptions include terrorism or national security cases under laws like the Unlawful Activities (Prevention) Act (UAPA).

Without consent or legal sanction, forced phone searches are unconstitutional and inadmissible in court.