Search and seizure of electronic devices in India: time for a change?

This article focuses on the legal frameworks governing the search and seizure of electronic devices in criminal investigations in India and the United States, highlighting the challenges of balancing investigative needs with the right to privacy. It examines the absence of specific Indian legislation on electronic searches, noting the Karnataka High Court’s Virendra Khanna v State of Karnataka judgment as the primary precedent, which equates digital device searches with physical document searches but raises concerns about potential infringements on privacy and the right against self-incrimination under Article 20(3) of the Indian Constitution. In contrast, U.S. law, grounded in the Fourth Amendment, requires warrants based on probable cause and recognizes stronger privacy protections, including treating password disclosure as self-incriminating. The article critiques recent Indian laws—the Digital Personal Data Protection Act 2023 and the Bharatiya Nagarik Suraksha Sanhita Bill 2023—for failing to adequately address these issues and proposes a more nuanced, multi-step legal procedure to safeguard privacy while enabling effective investigations.