The police have the authority to inspect a person’s mobile phone when there is suspicion or evidence suggesting their involvement in criminal activities, as outlined in Malaysia's legal framework.
Inspector-General of Police Tan Sri Razarudin Husain explained that this authority is supported by Section 23(1) of the Criminal Procedure Code (CPC), which ensures the absence of obscene or offensive materials and threatening communication on electronic devices. He also highlighted the provisions under Section 233 of the Communications and Multimedia Act (CMA) 1998, which govern the misuse of network facilities.
Razarudin further noted that Section 249 of the CMA 1998 specifically authorises access to computerised data, including mobile phones. Similarly, Section 116B of the CPC permits access to such devices when a person is suspected of criminal conduct. “These provisions allow the police to inspect mobile phones as part of their investigative duties,” he stated.
However, Razarudin emphasised that only police officers holding the rank of Inspector or higher are authorised to carry out such checks. His comments came in response to a viral video questioning the police's actions in arresting an individual and inspecting their phone.
He pointed out that Section 20(g) of the Police Act empowers officers to request information from individuals when necessary. Additionally, Section 292 of the Penal Code can be invoked during phone inspections. If obscene materials are found, it constitutes an offence that warrants an arrest without a warrant. “This authority extends to roadblocks and must be exercised responsibly, with adherence to legal provisions and reasonable cause,” he added.
Razarudin also addressed instances where online gambling applications are found on a person’s mobile phone. He clarified that possessing such applications is a criminal offence under the Open Gambling Houses Act 1953, which similarly allows for arrests without a warrant.
In cases where immediate action is required, Razarudin explained that warrantless searches could be conducted if there are reasonable grounds to believe that obtaining a warrant might delay the investigation and risk evidence being destroyed. “When necessary, the police may seize the mobile phone for further examination. Refusal to cooperate in such situations could result in an arrest for obstructing the police in carrying out their duties,” he said.
The Inspector-General stressed that mobile phone inspections are conducted only for valid investigative purposes, such as when a police report has been lodged, a person is under investigation, or there are suspicions of criminal involvement.
Razarudin urged the public to understand that these measures are not arbitrary but are grounded in the law to ensure justice and public safety. While the police have the authority to inspect mobile phones, he reiterated the importance of conducting these actions prudently and in compliance with established legal standards.
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