Need legal advice: Police asking to submit my phone in a cybercrime case where I’m the victim

Question

► Hello, I need legal advice regarding a case that has been ongoing for the last 2 years. Around 2 years ago, someone created fake social media accounts pretending to be me and posted sexually abusive images. I filed an FIR at my local police station and even gave the suspect’s name. However, there was no progress in the investigation. Recently, I received a police notice asking me to submit my mobile phone. I am confused and concerned about this because: The fake accounts and all abusive posts were made from a different phone (not mine). All fake activity is already logged on Facebook and Instagram servers. My phone contains screenshots and proof of those posts, which I used while filing the complaint on CM Helpline and other platforms. An informer told me the police might try to delete these proofs to protect the accused. As a victim (female), my phone is my only way to communicate and work, so I’m scared to give it without understanding my rights. My questions: Is it legally necessary for me to hand over my phone when the fake account activity happened from another device? Can I request the police to make a digital copy (cloned image) of my data instead of taking the entire phone? What precautions should I take before handing over the device to ensure my evidence and privacy are protected? Is there a legal way to submit my proofs to the court or cyber cell before giving my phone? Any guidance on how to handle this situation safely and legally would be deeply appreciated.

Answer 1

Dear Madam.

1. Is it legally necessary for me to hand over my phone when the fake account activity happened from another device?

No, it is not legally mandatory to surrender your phone unless the police issue a written notice under Section 91 CrPC (request for documents/evidence) or Section 160 CrPC (witness examination).
If such a notice is given, you must cooperate — but you can limit access only to data relevant to the case.

2. Can I request the police to make a digital copy (cloned image) of my data instead of taking the entire phone?

Yes.
You can formally request in writing that:

A digital forensic image (clone) of your phone be taken in your presence, and

The original phone be returned immediately after imaging.
You have this right under the Digital Evidence Handling Guidelines (adopted by most cyber cells).

3. What precautions should I take before handing over the device to ensure my evidence and privacy are protected?

Take these steps:

Backup your important personal and work data.

Note your device’s IMEI number.

Take printouts/screenshots of all complaint-related proofs.

Ask for a written seizure memo (panchanama) with:

Case/FIR number

IMEI number

Officer’s name and designation

Signature of witnesses (if possible)

Sign only after reading what data is being taken.

4.Is there a legal way to submit my proofs to the court or cyber cell before giving my phone?

Yes.
You can:

File a written application to the Investigation Officer or Magistrate Court (where FIR is pending) stating you want to submit digital evidence (screenshots, printouts, pen drive, etc.) formally.

You may submit these through a sealed envelope or CD/pen drive, requesting them to be marked as evidence under Section 173 CrPC.

5. Any guidance on how to handle this safely and legally?

Do the following:

Always respond in writing to any police notice.

If possible, go through your lawyer or take one with you.

Hand over the phone only against written acknowledgment.

Keep a copy of everything you submit.

You may also write to the Cyber Crime Superintendent of Police or Women’s Cell requesting that your privacy be protected during the investigation

Answer 2

Hello,

This is part of search and seizure which has taken lot of time.

You should have taken steps earlier to expidite the matter.

In the present case, you can definitely ask the police to make a digital copy in your presence and return back the phone to you.

For more details, please feel free to connect through OLQ.

Answer 3

Dear ,

clinet have you received any notice or summons from the police station? If not, there is no require to give Your cell Phone.

Any more quires you can contact with our OLQ team.

Thanking You.