Gujarat Police seize journalist Ravi Nair’s digital devices: What are the legal safeguards for digital devices seizures? | Explained

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The story so far: The Gujarat police, on Monday (August 17, 2026), reportedly seized devices belonging to independent journalist Ravi Nair while acting on a search warrant issued by a magistrate court.

The police also seized a laptop and an iPad belonging to Mr. Nair’s colleague, Sachi Hegde, who was at his residence at the time, as well as devices reportedly belonging to Mr. Nair’s son, according to media reports.

The seizures are in connection with a police case against Mr. Nair over a post on X related to a story he co-reported on the Adani Group, which was published by The Washington Post in October 2025.

The incident raises a broader legal question: What are the safeguards governing the seizure and examination of digital devices by investigating agencies?

Under the old Section 102 of the Code of Criminal Procedure, 1973 (CrPC), a police officer could seize any property alleged or suspected to be stolen, or that was found under circumstances creating suspicion of the commission of an offence.

Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) now contains the general power of a police officer to seize certain property. It allows a police officer to seize property that is suspected to be stolen or is found in circumstances creating suspicion of the commission of an offence. The provision itself does not specifically refer to digital devices.

Section 94 of the BNSS, which corresponds broadly to the old Section 91 of the CrPC, separately deals with the production of electronic material. It permits a court or the officer in-charge of a police station to require the production of a document, electronic communication, including a communication device, or other thing likely to contain digital evidence and considered necessary or desirable for an investigation, inquiry, trial or other proceeding.

Section 105 of the BNSS introduces a procedural safeguard for searches and seizures. It requires the process of conducting a search or taking possession of property, article or thing, including the preparation and signing of the seizure list, to be recorded through audio-video electronic means, preferably using a mobile phone. The recording must be forwarded without delay to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.

A hash value is an important aspect in proving the originality of the electronic record, once it is seized or created. It is often described as a digital fingerprint of the file. If the contents of the file change, the resulting hash value will ordinarily change as well.

A hash value therefore provides a means of checking the integrity of an electronic record by comparing its value at different stages.

This becomes particularly important when electronic evidence is collected, copied or transferred during an investigation.