Chambers of Daksha Kumar
The accused cannot be compelled to give the password of an electronic device
During the course of the investigation, a computer system was seized by the CBI from the custody of an accused and was later sent to CFSL agencies. But when the data of the said computer system could not be obtained without the user ID and password, the CBI filed an application seeking direction to the accused to provide the same.
Hearing the application filed by the CBI, the court stated that “the application of the CBI seeking password/User ID of the computer system and Tally Software of the accused is dismissed as the accused cannot be compelled to give such information and in this regard, he is protected by Article 20(3) of the Constitution of India as well as Section 161(2) of Cr.P.C.".