Police officers have the authority to inspect a person’s mobile phone if there is suspicion or evidence suggesting the individual’s involvement in a crime, Inspector-General of Police (IGP) Tan Sri Razarudin Husain clarified. This authority is granted under various legal provisions, including Section 23(1) of the Criminal Procedure Code, which aims to prevent the possession or dissemination of obscene, offensive or threatening content.
Razarudin emphasised that only officers with the rank of Inspector or higher are permitted to conduct such checks. His comments were in response to a viral video questioning the legality of police actions in arresting an individual and inspecting their mobile phone.
The IGP also outlined several other legal bases for these actions, including Section 233 of the Communications and Multimedia Act (AKM) 1998, which addresses offensive communications. Section 249 of the same Act provides for access to computerised data, including mobile phones, while Section 116B of the Criminal Procedure Code specifically grants police the authority to access such devices during criminal investigations.
Additionally, Section 20(g) of the Police Act empowers officers to request information from individuals, and Section 292 of the Penal Code criminalises the possession of obscene materials found during phone inspections, enabling arrests without warrants. Similarly, the discovery of online gambling applications on a phone constitutes a criminal offence under the Open Gambling Houses Act 1953, also permitting warrantless arrests.
Razarudin stated that police can also conduct searches without a warrant if delaying could result in the destruction or tampering of evidence. In such cases, phones may be seized for further investigation, especially if they are directly linked to an ongoing investigation or reasonable suspicion of criminal activity.
Moreover, officers are authorised to inspect phones in cases where a police report has been filed, the individual is under investigation, or there are grounds to suspect involvement in criminal activities. The IGP cautioned that non-cooperation with police requests could lead to arrests for obstructing justice.
(Source: Bernama)
