In a recent ruling, Justice Saurabh Banerjee of the Delhi High Court emphasized that individuals accused in a trial cannot be compelled to divulge passwords or similar details of seized digital devices.
This decision was made while granting bail to Sanket Bhadresh Modi, the director of a company accused of orchestrating a $20 million fraudulent phone call scheme to the United States from counterfeit call centers in India.
The Central Bureau of Investigation, opposing Modi’s bail plea, argued that he, being the primary suspect, had not provided passwords for his devices, email, and cryptocurrency wallet accounts.
Justice Banerjee addressed this by stating, “Thus, any accused like the applicant is expected to show high sensitivity, diligence and understanding during such an investigation.”
He further added, “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.”