New Delhi: Delhi High Court recently said an accused couldn’t be coerced to reveal the passwords of his gadgets and online accounts in view of the protection guaranteed under Article 20(3) — right against self-incrimination — in the Constitution.
The single-judge bench of Justice Saurabh Banerjee made the observation while granting bail to an accused in a case in which it had been alleged that a private company and its directors had made about $20 million by making scam phone calls to American citizens from fraud call centres in India.
While stating that any accused like the applicant is expected to show high sensitivity, diligence and understanding during such an investigation, the court also observed, “At the same time, the investigating agency cannot expect anyone who is an accused 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 of India.”
CBI had opposed the bail plea, saying that the accused, a director of the company, was the kingpin of the scam and had failed to provide the passwords for his gadgets, email and crypto wallet accounts.
The counsel for the accused submitted that out of the 12 accused, only the applicant was arrested and the investigation against him was complete.
Noting that those who were allegedly cheated stayed abroad, the judge said there were minuscule chances of the accused influencing them.