Doctrine of Foregone Conclusion versus Doctrine Against Self-incrimination: A Case Note on Sanket Bhadresh Modi v Central Bureau of Investigation

Abstract

In the modern world technology has reached its zenith. Though technology has showered many blessings it has also created problems for us. The use of technology has also come in the enjoyment of certain fundamental rights of the citizens. One such fundamental right is the right not to be compelled to give testimony against oneself. In a recent judgment given by the High Court at Delhi in Sanket Bhadresh Modi v Central Bureau of Investigation in 2023 the Court has looked into this perspective. The Delhi High court ruled that access to passwords or passcodes or biometrics of the suspectaccused by the investigating authorities would amount to self-incrimination. In consequence it would result in the swallowing of the fundamental right against self testimony. It needs to be mentioned that this ruling was different from the earlier precedents of Karnataka High Court and Kerala High Court on the same issue.