Is it a crime to delete messages from a smartphone? Supreme Court gave such a verdict; you must know

A question arises whether deleting messages, photos and call history from the phone will be considered a crime. The Supreme Court has given clarity on this issue. The court has ruled that deleting messages from the phone is not a crime.

The use of mobile phones has become an essential part of our daily lives. The number of mobile phone users in the country has now crossed 100 crores. When a crime occurs, law enforcement authorities often look at the mobile phones of suspects to collect evidence, such as call history, messages, web history, photos, videos, and social media posts. A question arises whether deleting messages, photos and call history from the phone would be considered a crime.

What did the Supreme Court say?

The Supreme Court has given clarity on this issue. The court has ruled that deleting messages from the phone is not a crime. Mobile phones change frequently due to upgrades, which often leads to messages and calls getting deleted. The court has considered the mobile phone a private possession. Therefore, deleting data, whether for privacy or technical reasons, is not considered a criminal activity.

The court comprising Justices BR Gavai and KV Vishwanathan has stressed that such deletion is normal behavior and should not be considered criminal tampering with evidence. However, regulations under the IT Act allow action to be taken for offenses related to social media.

It is illegal to leak

Although there are no specific laws governing the use of mobile phones in India, certain activities can attract legal action. Using a mobile phone to threaten someone through messages or calls is punishable under the Indian Justice Code. Similarly, violating privacy, leaking private information, or sharing obscene photos on social media is also considered illegal and can lead to legal consequences.