PROSECUTION CANNOT FORCE AN ACCUSED TO DIVULGE PASSWORD OF HIS ELECTRONIC DEVICE An accused cannot be forced to reveal the password of his electronic devices after they are seized by an investigative agency, held by a Special CBI Court in Delhi. In the present case, a computer was seized by the Central Bureau of Investigation (CBI) from the custody of the accused and sent to a Central Forensic Science Laboratory. However, the data from his computer could not be obtained for want of a password. The court held that the accused had a right to maintain silence as per Article 20(3) of the Constitution as well as Section 161 (2) of Cr.P.C. and, therefore, cannot be compelled to disclose his password which would tantamount giving of self-incriminating testimony. The court made a distinction between passwords and biometrics, keeping in view the provisions of the recent Criminal Procedure (Identification) Act, 2022. In the said Act, the word ‘measurement’ has been used for referring to various physical evidence which is generally required by the investigating agency from the accused, but it does not include passwords. Reddy & Reddy Law Firm has a young, dynamic, and fast-growing team of legal professionals and technical professionals. Our Firm focuses on providing strategic, innovative, and comprehensive Techno-Legal solutions to clients. We provide result-oriented and cost-effective advice and assistance to our clients with a minimum turnaround time.