KUALA LUMPUR: The police are authorised to inspect a person’s mobile phone if there is suspicion or information suggesting they have committed a crime, says Tan Sri Razarudin Husain.
The Inspector-General of Police explained that this is stipulated under Section 23(1) of the Criminal Procedure Code, to ensure no obscene or offensive content and threatening communication is present.
It is also based on provisions under Section 233 of the Communications and Multimedia Act 1998 (CMA).
"Section 249 of the CMA allows access to computerised data, including mobile phones, while Section 116B of the Criminal Procedure Code permits access to mobile phones, considered as computerised data, when a person is suspected of committing a crime,” he stated.
However, Razarudin clarified that only police officers with a rank of Inspector or higher are authorised to conduct checks on mobile phones.
His statement came in response to a viral video questioning the police's actions in arresting a person and inspecting their mobile phone.
According to Razarudin, Section 20(g) of the Police Act empowers police officers to require a person to display information upon request.
Furthermore, if obscene materials are discovered during the mobile phone inspection, it constitutes an offence that could lead to an arrest without a warrant under Section 292 of the Penal Code.
The same applies if an online gambling application is found on a person’s mobile phone, as it is a criminal offence under the Open Gambling Houses Act 1953.
Razarudin clarified that the police have the authority to check a person’s mobile phone if there is a police report filed against them, if they are under investigation, or if there are suspicions about their involvement in criminal activities. – Bernama
