Police cannot seize journalist’s phone in violation of CrPC merely because it has information about a crime: Kerala High Court

In case of G Vishakan v State of Kerala WP(C) NO. 22328 OF 2023

The Kerala High Court has ruled that the Code of Criminal Procedure (CrPC) must be followed in order for the police to confiscate a journalist’s phone and that this rule cannot be broken only because the phone may contain information regarding a crime.

Justice PV Kunhikrishnan noted that journalists may receive information about all sorts of crimes but that alone cannot be a reason to seize their phones.

“The journalists are part of fourth state. The Journalist may be getting several information in their mobile phones. But which news is to be telecasted and published is to be decided by Journalist taking into consideration the information received. Telecasting every information even if it is hearsay is not journalism. Simply because, the Journalist has got some information about the crime, the mobile phone cannot be seized, without following the procedure contemplated in CrPC,” the Court said.

The single-judge said that legal protocol must be followed even if a journalist’s phone is required in connection with a crime.

“I am of the considered opinion that, the mobile phone of the journalist shall not be seized by the police authorities in violation of the provisions of Code of Criminal Procedure. If the mobile phone is necessary, in connection with a criminal case, there are procedures to be followed before seizing those items,” the single-judge underlined. for more legal updates follow us.