In a landmark judgement, the High Court has ruled that police cannot examine the mobile phones of children under the age of 15 in relation to allegations against them.

Citing the Juvenile Justice Act, which exempts children below this age from criminal responsibility, the Court confirmed that minors cannot be compelled to comply with such investigative actions.

The case was brought forward after Police sought an order from the Juvenile Court to seize and access the mobile phone of a 14-year-old boy allegedly connected to an offence. Last month, the Juvenile Court dismissed this request, stating that the child could not be subject to such an order due to his age and lack of criminal liability. The state then appealed the decision, arguing that an order to search a minor’s phone could be issued even if formal charges had not been filed.

However, the High Court upheld the Juvenile Court’s decision, asserting that current legislation does not permit such actions against minors without criminal responsibility. The Court emphasised constitutional protections of personal rights, clarifying that any restriction on these rights must be strictly authorised and confined by specific laws.

The three-judge ruling further noted that, even if a court order to access a minor's phone were issued, no enforcement action could be taken if the child chose not to comply, as the law does not place criminal responsibility on those under 15. Instead, the judgement stressed that minors involved in alleged offences should be rehabilitated rather than subjected to criminal investigative procedures.

This ruling reinforces protections under the Juvenile Justice Act and sets a crucial precedent for how cases involving children are handled in the context of alleged offences.