Delhi HC says accused cannot be forced to reveal digital passwords

New Delhi: The Delhi High Court ruled last month that an accused person cannot be forced to provide the passwords or other similar information of the digital devices seized during an inquiry while the trial is in progress, Bar and Bench reported on Wednesday.

While granting bail to Sanket Bhadresh Modi, the director of a corporation accused of making around $20 million through scam phone calls to the United States from fake call centres in India, Justice Saurabh Banerjee made the statement, Scroll.in reported.

According to Bar and Bench, the Central Bureau of Investigation, which is investigating the issue, opposed Modi's bail request, claiming that he was the primary suspect in the scam and had neglected to give the passwords to his devices, email, and cryptocurrency wallet.

The court did point out that the case's main focus is on electronic evidence, which the agency had previously confiscated and included laptops, cell phones, and other high-tech devices.

The accused is expected to participate in the inquiry, the court stated, in order to avoid hindering the procedures.

“Thus, any accused like the applicant is expected to show high sensitivity, diligence and understanding during such an investigation,” the judgement said. “At the same time, the concerned investigating agency cannot expect anyone who is an accused, like the applicant herein, to sing in a tune which is music to their ears, more so, whence such an accused, like the applicant herein, is well and truly protected under Article 20(3) of the Constitution.”

Article 20(3) of the Constitution states that no person accused of any offence can be compelled to be a witness against themselves.