New Delhi: The Software Freedom Law Center, India (SFLC.in) is pleased to announce the successful launch of the Guide: Search & Seizure of Electronics Devices, a comprehensive toolkit to empower citizens with critical information about the procedures and rights associated with law enforcement searches and seizures of electronic devices. The event was held virtually on Tuesday, drawing journalists, activists, and concerned citizens. Citizens can access the guide from the SFLC.in website.
The guide was created in response to the challenges individuals face when personal electronic devices are subjected to searches by law enforcement. It explains that searches and seizures are standard procedures intended to secure crucial objects and digital records needed for investigations, inquiries, or trials. Importantly, the guide emphasizes that a search does not imply guilt; rather, it is a part of the investigative process. The guidebook recommends citizens to take certain measures when subject to a search, including requesting a copy of the procedure`s recording from the nearest Magistrate, and documentation of all interactions during the search as these records may be beneficial if any court proceedings arise.
The guide provides practical advice to enhance digital security and protect personal privacy. It recommends using disappearing messaging apps such as Signal, Telegram, or WhatsApp to ensure that sensitive communications do not remain permanently stored. Beyond digital security measures, the guide addresses the inadequacy of simply deleting files. It is also necessary to secure shredding software that ensures sensitive data is irrecoverably destroyed. It advised using privacy-enhancing tools for accessing sensitive websites and recommended selecting online platforms requiring minimal personal information.
The launch event featured an esteemed panel of experts, including Chirag Balyan, Assistant Professor (Law) and Founding Faculty Member of Maharashtra National Law University, Mumbai; Prabir Purkayastha, Founder of NewsClick; Dr. Colin Gonsalves, Senior Advocate at the Supreme Court of India and Founder of the Human Rights Law Network (HRLN); and PV Dinesh, Senior Advocate at the Supreme Court of India, Co-Founder of Livelaw. in. The discussions centered around legal procedures related to search and seizure, digital security, and the importance of the newly launched guide as a handbook for citizens of India.
Dr. Colin Gonsalves, Senior Advocate, shared his experience and said, We must have a plan of action. Because if I take your phone, and if a phone is part of an illegal search and seizure. Still, I can intercept it. I can take out the material and use it. It’s admissible in evidence. That’s the issue we need to look at and have a plan of action.
Senior Advocate P V Dinesh stated, We must see that these laws are implemented in letter and spirit. So, for that purpose, we need to create some sort of movement, not only in legal cases. We need to create awareness in society. Then only this problem can be solved, not by any number of laws or rules or regulations.
SFLC.in remains committed to promoting transparency, accountability, and public awareness in legal procedures and digital security. The Guide: Search & Seizure of Electronics Devices offers citizens detailed, and practical steps to navigate such situations as and when they may arise to ensure their rights are upheld.