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anonymus (confidential)     20 October 2008

another interesting question

Dear sirs, happy to see the response.
Now another interesting question. Whether the court can compel the accused or suspect to reveal the password of the computer (when the police not able to break the password), to investigate about a probable offence or crime committed by him and information of which, they suspect to be in his computer.


Learning

 5 Replies

shailendra 09709516844 (student)     20 October 2008

yes sir, under the circumstances as narrated by u , the police can order the suspect  to reveal the password to felicitate the furthur investigation of the case


 

anonymus (confidential)     20 October 2008

Ok Sir, but is it not violative of art 20(3) of the constitution?

K.C.Suresh (Advocate)     20 October 2008

Sec.106 EA

N.K.Assumi (Advocate)     20 October 2008

Dear Mehbub, do you wish to know the role of the Court or the Police? Again from the answer of Shri.Suresh, can section 106 EA undermine the well established rule of law to shift the burden from the prosecution?

anonymus (confidential)     21 October 2008

Dear sirs, My question is abt the role of courts. Again sec 106 EA only speaks about the burden of proof of facts, the knowledge that only the accused can have. But this can at the most raise a presumption against him. My question is whether he can be compelled to reveal. Sec 106 will come if he wants to prove that there is nothing increminating in the computer. but not otherwise. Pls refer Pakala Narayanan's case.


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