Password As Evidence: Judicial Approach To Password Protection And Right Against Self- Incrimination In Digital World
- IJLLR Journal
- Mar 6
- 2 min read
Shahnawaz Ahmad, Research Scholar, The National University of Advanced Legal Studies (NUALS), Kochi, Assistant Professor, Crescent School of Law, BSA Crescent Institute of Science & Technology, Chennai
Dr. Mini S, Professor, The National University of Advanced Legal Studies (NUALS), Kochi
ABSTRACT
This research paper deals with the correlation between the utilization of passwords as evidence and the right against self-incrimination in the digital realm, with special reference to recent issues raised by High Court of Karnataka in Virendra Khanna v. State of Karnataka and Anr. (2021) and by Rouse Avenue District Court, Delhi in Central Bureau of Investigation v. Mahesh Kumar Sharma (2022), With the growing dependence on digital platforms and devices, passwords have gained substantial significance as evidentiary elements in the criminal justice system. However, its use as evidence raises complex legal and ethical issues, particularly the right against self-incrimination.
By examining constitutional perspectives, this paper investigates the legal framework in India and analyzes constitutional provisions that safeguard the right against self-incrimination. It analyzes court rulings and interpretations regarding the compelled disclosure of passwords, aiming to strike a balance between the right of individual and state power of investigation. Landmark judicial precedents from the Supreme Court of India and various High Courts provide practical insights into the Indian scenario, enabling a comprehensive understanding of right against self-incrimination and implications pertaining to compelled password disclosure.
Policy and legislative considerations are also analyzed in this research. The effectiveness in protecting the right against self-incrimination by existing policies and guidelines in India concerning password disclosure is also examined. Additionally, the study explores potential legislative reforms and proposes possible solutions for conflict between individual rights and law enforcement interests. Finally, this research paper tries to analyze the complex relationship between passwords as evidence, the right against self- incrimination, state power to investigate and the legal framework in India. By addressing ethical, legal, and technological realm, it offers policymakers, legal experts, and individuals dealing with the ever-changing digital world a comprehensive understanding of this complicated issue.]
Keywords: Password, Testimonial, Non- Testimonial, Evidence, Self- Incrimination, Privacy, Investigation. Digital Evidence, Privacy, Investigation.
