Consent of accused is must to get password Delhi HC

Subject: Polity

Context-

Recently the Delhi court had ordered the CBI not to compel the accused to provide a computer password.

What is the issue:

Special Judge Naresh Kumar Laka had dismissed the CBI application, observing that the man is protected by Article 20(3) of the Constitution of India as well as Section 161(2) of CrPC
An investigating officer in a CBI case has no right to be provided with the computer password of the accused without his consent since it may interfere with his right to privacy.

What is the legal aspects:

Article 20(3) of the Constitution provides that no person accused of any offence shall be compelled to be a witness against himself.
Section 161 (2) of the CrPC stipulates that no person shall answer questions which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

What is the difference between the laws governing obtaining of evidence in the US and India:

In India, the law on the point of appreciation of evidence, which has been obtained illegally, is different from the US.
In the USA, if an evidence is obtained by illegal means,it cannot be relied on in court of law based on the doctrine of ‘fruit of the poisoned tree’.
Whereas in India if an evidence is obtained by resorting to illegal means or by not following the established procedure of law, it can still be used in certain circumstances.

What is the Criminal Procedure (Identification) Act 2022:

The Act replaces the colonial-era Identification of Prisoners Act, 1920.
The new law allows investigators to collect certain identifiable information of convicts and other persons for purposes of identification and investigation in criminal matters.
It provides for a legal sanction to the police to take physical and biological samples of convicts as well as those accused of crimes.
It empowers police to collect Finger-impressions, Palm-Print impressions, Footprint impressions, Photographs, Iris and Retina scan, Physical, Biological samples and their analysis, Behavioural Attributes including signatures, Handwriting or any other examination
The law also empowers the National Crime Records Bureau to store, preserve, share with any law enforcement agency and destroy the record of measurements at the national level.
The records can be stored up to a period of 75 years.
Under the act, a Magistrate may direct a person to give details for the purpose of an investigation or proceeding under the CrPC.