The Right To Silence In The Digital Age: Reconceptualising Adverse Inferences From The Refusal To Disclose Passwords

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Prof. Shakeel Ahmad, Dean & Professor, D/O Law, AMU

Ved Prakash Singh, Research Scholar, D/O Law, AMU

ABSTRACT

The right to silence, a cornerstone of criminal justice, is being profoundly challenged in the digital era. With the increasing use of encrypted digital devices and data protection mechanisms, courts and law enforcement agencies face growing difficulties in obtaining access to evidence. This paper critically examines the tension between the right to silence and the legal consequences of refusing to disclose digital passwords. It explores how traditional interpretations of adverse inferences drawn from silence or non- cooperation—must be reevaluated in the context of modern technology. By analyzing contemporary case law, statutory frameworks, and human rights principles, the study argues that compelling password disclosure infringes upon the privilege against self-incrimination and the broader right to privacy. The paper proposes a reconceptualization of legal doctrines to balance state interests in crime prevention with individual digital rights. Ultimately, it contends that the right to silence should evolve to encompass digital silence—protecting individuals from coercive demands to reveal access credentials—thereby reaffirming the fundamental presumption of innocence in an increasingly data-driven world.

Keywords: Right to Silence, Digital Age, Password Disclosure, Adverse Inference, Self-Incrimination, Privacy Rights, Digital Evidence, Cyber Law, Criminal Justice, Human Rights.

THE RIGHT TO SILENCE IN THE DIGITAL AGE- RECONCEPTUALISING ADVERSE INFERENCES FROM THE REF.

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