The Delhi High Court has said that an accused in a criminal case cannot be compelled to disclose the passwords of their gadgets and digital devices to the investigating agency.
The decision came as the court granted bail to an individual accused of operating call centres in India and defrauding US citizens of approximately $20 million.
Justice Saurabh Banerjee said that while accused individuals are expected to cooperate during investigations, they cannot be coerced to provide self-incriminating evidence, citing protection under Article 20(3) of the Constitution.
Article 20(3) states that no person accused of any offence shall be compelled to be a witness against themselves.
The Central Bureau of Investigation (CBI) opposed the bail plea, saying that the accused held crucial information and passwords necessary for the ongoing investigation.
However, the court said the accused’s right to protection under Article 20(3) and stated that coercing them to reveal passwords during an ongoing trial is not permissible.
The accused faced charges related to operating scam phone calls from India, defrauding US citizens by impersonating government officials and coercing them to pay through various means.
Granting bail, the court reasoned that keeping the accused in custody would not serve a fruitful purpose, especially since the investigation concerning the individual was complete, and the charge sheet had been filed.
