Does Kejriwal withhold the password from his gadgets?

S Venkateshwari
Does kejriwal withhold the password from his gadgets?


What was the outcome of Arvind Kejriwal's arrest? The bjp needs to put forth a lot of effort every day to handle fresh political ploys. In addition, journalists and legal experts are standing on one leg, wondering when he will do such a miracle—or, to put it another way, whether we will even need to consult a law book to determine whether this is even possible. He was brought before the Rouse Avenue Special court in delhi on march 28 by the Enforcement Directorate (ED). In addition to other grounds, the ED requested an extension of remand and informed the judge that arvind kejriwal was refusing to provide his mobile phone password. From this, the question of whether an accused person can refuse to provide the police or investigating agency with the passwords to his electronic devices or if those parties can forcefully obtain those passwords from an accused person emerges.

The password cannot be obtained by force-The delhi High court has underscored that during a trial, an accused person cannot be coerced into disclosing or divulging the passwords to his electronic gadgets and internet accounts. In a case concerning accusations against e-Sampark Softech, a bench of Justice Saurabh Banerjee awarded immunity to an accused party, citing protection under Article 20(3) of the indian Constitution, which ensures the right to self-incrimination. Noted in the process of granting bail. The accused, a director of the company, was allegedly a major conspirator in the scheme and had refused to provide the passwords to his emails, devices, and cryptocurrency wallet accounts, according to the Central Bureau of Investigation, which had rejected the bail request in this case. 

The judge stated, "Investigating agencies cannot expect someone to sing to a tune that is like music to their ears when they are protected under Article 20(3) of the Constitution." It further stated that due to constitutional protections, the accused cannot be coerced into disclosing passwords or other private information while the trial is still ongoing.

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