NewsClick raids: Indian law has few safeguards when electronic devices are seized

As the Delhi Police raided the homes of several journalists on Tuesday in connection with an investigation into the funding of news website Newsclick, it confiscated electronic devices such as mobile phones, laptops and hard drives.

The seizure of electronic devices is a controversial part of evidence gathering during cases seen as politically-driven in India. Confiscating electronic devices is not categorically illegal. Moreover, Indian law does not provide journalists the immunity against forcible disclosure of their communications.

However, allegations have been made that the police regularly overreach their powers in search and seizures. Allegations of impropriety range from not following documentation rules at the time of the seizure to incriminating data being planted on devices in order to frame the accused.

What do the rules say?

Chapter VII of the Code of Criminal Procedure lays down that a sanction from the court, in the form of a warrant, is required for conducting searches. Section 165 of the CrPC allows an exception when an immediate search is necessary, but even in such cases, the police need to provide the reasons for conducting the search.

Friends and relatives of at least two journalists who were raided on Monday told Scroll that no such procedure was followed during the searches.

In the specific context of seizing electronic devices, the Information Technology Act...

Read more