Password Disclosure And Digital Device Examination Under Indian Cyber Law: An Analysis Of Section 69 Of IT Act And The BNSS, 2023
Ardra Ann Mathew, Sastra Deemed University
ABSTRACT
The increase in the use of encrypted digital devices during criminal investigations posed certain questions regarding the extent and boundaries of compulsory access followed by forensic analysis. In this connection, the issue that has been considered in the research paper concerns whether section 69 of the IT Act, 2000 can be read to require the accused to disclose the password, PIN number or the key for encryption or to authenticate the digital device using biometrics. The above-stated problem will be reviewed in relation to Virendra Khanna v. State of Karnataka & CBI v. Mahesh Kumar Sharma & Ors.
Furthermore, the paper discusses the requirements provided by the BNSS, 2023 (BNSS) in relation to the search, seizure, and forensic examination of the digital device. Although the BNSS includes certain requirements relating to the issues related to the examination of the digital evidence, the key objective of the paper is to evaluate whether the BNSS provides sufficient safeguards for collecting and storing non-crime-related information.
The research will be conducted in accordance with Art 20(3) and 21 of the constitution of India relating to compulsion to self-incriminate, right to privacy, information control, proportionality and a fair investigation process. Additionally, the study propose a five-factor test for assessing compelled digital access: the form of authentication and whether it communicates personal knowledge, the State's prior knowledge, the breadth of information exposed, the particularity of the access sought, and the availability of less intrusive means. The study employs Doctrinal Legal Research which examine the relationship between access to the device and search of its content.
Keywords: Digital forensics, Compelled device access, Section 69, Information Technology Act 2000, BNSS 2023, Password disclosure, Encryption key, Biometric Authentication, Self Incrimination.
