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User: whats the law on invasion of privacy law in India, can a police search through your phone when showing license from the…

whats the law on invasion of privacy law in India, can a police search through your phone when showing license from the digital wallet

Assistant: Here’s the straight, legally accurate position in India—no myths, no fear-mongering.

Here’s the straight, legally accurate position in India—no myths, no fear-mongering.

1. Right to Privacy in India

Privacy is a fundamental right under Article 21 of the Constitution (Supreme Court, Puttaswamy judgment, 2017).

That means:

• Your phone data (messages, photos, apps, emails) is private
• The State (including police) cannot casually access it

2. Can police search your phone?

Short answer: NO, not without legal authority

Police cannot:

• Scroll your phone
• Open WhatsApp, gallery, emails
• Ask you to unlock your phone just for checking
• Force you to share OTPs or passwords

They CAN only if:

1. They have a search warrant issued by a Magistrate OR
2. They are conducting a lawful arrest and the phone is evidence related to the crime OR
3. You voluntarily consent (this is key—many people unknowingly do)

3. Showing license via DigiLocker / mParivahan

When you show your driving license on your phone:

✅ Police are allowed to:

• Verify the license details
• Check validity, vehicle class, expiry
• Scan QR code (if applicable)

❌ Police are NOT allowed to:

• Browse other apps
• Swipe through your phone
• Open photos, chats, contacts
• Check call history
• Ask “what else is on your phone”

Showing a document ≠ giving access to your device

4. Relevant Laws

🔹 Information Technology Act, 2000

• Section 43 & 66 – Unauthorized access to digital data is illegal
• Even police must follow due process

🔹 Criminal Procedure Code (CrPC)

• Section 91 – Police may request documents/data, but cannot force phone access
• Section 100 & 165 – Search requires warrant or recorded justification

🔹 Bharatiya Nagarik Suraksha Sanhita (BNSS, replacing CrPC)

• Continues the same safeguards for digital privacy

5. Can police force you to unlock your phone?

❌ Password / PIN / Pattern

• NO (protected by right against self-incrimination – Article 20(3))

⚠️ Biometrics (fingerprint / face ID)

• Grey area
• Courts have allowed this only with court orders
• Police cannot randomly compel biometric unlock on the street

6. What you should do in real life

If a cop asks to check your phone beyond the license:

Say calmly:

“I’m happy to show my license, but I do not consent to any other access.”

If they insist:

“Please proceed as per law with a written order or warrant.”

Do not argue, do not unlock voluntarily.

7. If police illegally search your phone

You can:

• File a complaint to the SP / Commissioner
• Approach State Human Rights Commission
• Challenge evidence in court (illegally obtained data is weak)

Bottom line

• Your phone is private
• Showing DigiLocker ≠ permission to search
• Police need legal authority, not curiosity

If you want, I can also tell you:

• What traffic police vs local police vs cyber police can do
• What to do if police threaten to seize your phone
• Practical scripts to handle roadside situations confidently