Opinion | Can police make you unlock your phone?
Summary
Police can seize a phone, but forcing a suspect to unlock it raises separate legal and constitutional questions in Nepal. The article argues that compelled access to password-protected devices must be backed by clear law, judicial safeguards and privacy protections.
Key Points
- Seizing a phone and forcing its owner to unlock it are legally different actions, and one does not automatically justify the other.
- Article 20(7) of Nepal’s Constitution protects against self-incrimination, while Article 28 and the Privacy Act add privacy safeguards.
- The legality of demanding passwords, examining devices and using forensic tools should be set out clearly in law and procedure.
- Nepal Police and other relevant bodies should establish standard operating procedures for compelled access to encrypted phones.
