The use of mobile phones has become integral to our daily lives. The number of mobile phone users in the country has now surpassed 100 crores. In the event of a crime, law enforcement authorities often look to the mobile phones of suspects to gather evidence such as call history, messages, web history, photos, videos, and social media posts. A question that arises is whether the deletion of messages, photos, and call history from a phone would be considered a crime.
Supreme Court ruling
The Supreme Court has provided clarity on this issue. The court ruled that deleting messages from a phone does not constitute a criminal act. The rapid turnover of mobile phones due to upgrades often leads to the deletion of messages and calls. The court recognized the mobile phone as a private possession. Therefore, the deletion of data, whether for privacy or technical reasons, does not amount to criminal activity.
The court, consisting of Justice BR Gavai and KV Vishwanathan, emphasised that such deletion is a normal behaviour and should not be classified as criminal tampering with evidence. However, regulations under the IT Act allow for action to be taken for social media-related offences.
Law governing mobile phone usage in India
While there are no specific laws governing the use of mobile phones in India, legal action can be taken for certain activities. Using a mobile phone to issue threats through messages or calls is punishable under the Indian Justice Code. Similarly, actions such as violating privacy, leaking private information, or sharing obscene photos on social media are considered illegal and can lead to legal consequences.
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