Police entered woman's bedroom, seized phone illegally: Bombay HC calls it 'serious invasion of privacy'

The Bombay High Court has held that police officers violated a woman’s fundamental right to privacy by entering her bedroom and seizing her mobile phone without following the mandatory procedure under the Bharatiya Nagarik Suraksha Sanhita (BNSS). The court directed the Maharashtra government to pay ₹10,000 as compensation to the petitioner and allowed the State to recover the amount from the police officer responsible for the violation.

A Nagpur bench comprising Justice Urmila Joshi Phalke and Justice Nivedita Mehta ruled that the right to privacy is an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution.

"Entry into the residential premises of a citizen, more particularly into the bedroom occupied by a woman, without adherence to the statutory safeguards and forcible seizure of her mobile phone constitutes a serious invasion of privacy and dignity," the bench observed, according to India Today.

READ THIS: Just wrapped, now in court: Why Kangana Ranaut's Queen 2 faces a ₹250-crore lawsuit

Case details

The case was filed by a 26-year-old woman from Saoner in Maharashtra's Nagpur district, who alleged that police repeatedly visited her home while investigating a fatal car accident, even though neither she nor her husband was an accused in the case.

According to the petition, police officers arrived at the couple's residence late at night, entered the woman's bedroom, questioned her and seized her mobile phone. The phone allegedly remained in police custody for two days without the authorities following the statutory procedure prescribed under the BNSS for search and seizure.

The petitioner argued that the police failed to prepare the required seizure documents and ignored the safeguards meant to protect citizens during investigations.

High court judgement

Rejecting the police's justification that the search was part of an investigation, the High Court stressed that investigative powers do not give authorities the freedom to ignore statutory requirements.

"The investigating agency is expected to act strictly within the bounds of law, and the object of investigation cannot legitimise an otherwise illegal search or seizure," the bench said, according to India Today.

The judges found that there was clear non-compliance with the mandatory legal procedure governing searches and seizures, making the police action unlawful.

Compensation

Holding that the petitioner's fundamental rights had been infringed, the court awarded ₹10,000 as compensation for the violation of her privacy.

ALSO READ: Dharavi is about to change forever! 10,000 rehabilitation homes coming in 18 months

The bench acknowledged that monetary compensation could not fully undo the harm caused but said it was necessary to recognise the breach of constitutional rights.

"Though monetary compensation cannot restore the lost privacy and dignity of the petitioner, it is considered appropriate to award compensation for the violation of her fundamental rights," the court observed.

The High Court directed the Maharashtra government to pay the compensation within two months. It also clarified that the State would be free to recover the amount from the police officer responsible for the illegal search and seizure.