HC sets criteria for confiscating gadgets

The High Court of Karnataka on Friday followed detailed guidelines by the police while handling electronic devices and email accounts such as smartphones, laptops, computers etc. in the process of search and seizure operations conducted during the investigation of criminal cases.

These guidelines will remain in force until the state government comes up with its own guidelines for the purpose, with the court stating that there were no rules governing this area of ​​investigation by the police.

Justice Suraj Govindaraj ruled aside a trial court order directing a Virender Khanna, a party organizer and an accused to undergo polygraph test and cooperate with the police in the 2018 drug case. Please check by providing biometric pass-code / password of your smartphone and password of email accounts.

Forensic examiner

The court also stated that the police officer should not use the electronic devices necessary to be searched, but such gadgets should be handled by a qualified forensic examiner who should be part of the search team.

“In the event the tester is not available, then unplug the computer, pack the computer, and cover after labeling the wires in separate Faraday.”

The court said that the investigation team has to take photographs of the places where the gadgets are placed, in such a way that all the connections of wires including electricity, network, etc. are captured.

If the computer or laptop is in power-off mode, the same should not be operated; And if the computer is turned on and the screen is blank, the mouse can be moved, and when and when the image appears on the screen, a picture of the screen should be taken.

mobile phone

In the case of mobile phones, the court said that by packing in a Faraday bag to block the signal via Wi-Fi or mobile data to prevent police from communicating over their network and receiving any wireless communication Should be sent

On the trial court’s order directing Khanna to cooperate with the police in providing the gadgets and passwords for emails, the High Court said that it is to provide the same to the accused and cannot be forced.

However, the police can use other methods according to the law to gain access to the material.

The court also said that the trial court could not order its polygraph test without any written written consent, as the silence of the accused on the polygraph test cannot be considered consent under the law.