Friday, November 10, 2017
Suyash Sarvankar (SVKM's Narsee Monjee Institute of Management Studies (NMIMS)) has posted Key Disclosure Laws and the Right Against Self-Incrimination in India on SSRN. Here is the abstract:
In an era when documents are increasingly electronic, almost always often encrypted to varying degrees, and then stored on a third party platform, the present legal framework with respect to right against self incrimination is inadequate to address the complex range of situations that may arise. Interpretations on the extent of right against self incrimination in context of encrypted data is far from developed in India, which allows potential infringement of fundamental rights even when the data does not lead to conviction. The author examines the scope of Article 20(3), and further argues why key disclosure laws like Section 69 of Information Technology Act cannot compel an accused to decrypt encrypted data, that may or may not lead to incrimination if basic notions of liberty, privacy and rule of law were read in.