Introduction:

The Delhi High Court recently rendered a significant decision emphasizing an accused’s right against self-incrimination while on trial, particularly in relation to revealing passwords or similar details of seized digital devices. The case involved Sanket Bhadresh Modi, a director accused of running a scam phone call operation defrauding US citizens, where the court deliberated on the constitutional protection under Article 20(3) of the Constitution of India.

Arguments:

The Central Bureau of Investigation (CBI) pressed charges against Modi under various sections of the Indian Penal Code and the Information Technology Act. During the trial, the agency sought access to the passwords of digital devices seized during the investigation, claiming non-cooperation from the accused. Modi, in custody since July 2023, was hesitant to disclose these details. His legal counsel argued for the protection guaranteed under Article 20(3) of the Indian Constitution, emphasizing the accused’s right against self-incrimination.

Court’s Judgement:

Justice Saurabh Banerjee granted bail to Modi, highlighting that the accused cannot be compelled to reveal passwords or similar digital details while the trial is ongoing, based on the protection provided under Article 20(3). The court emphasized Modi’s status as a suspect until proven guilty and noted the absence of evidence of misuse or attempts to tamper with the investigation during his interim bail. It asserted that his continued detention would violate his rights under Article 21 of the Indian Constitution.