Right to Privacy Forensic Investigation: Indian Perspective

The right to privacy and forensic investigation are two conflicting interests that have been debated extensively in the Indian context. The right to privacy is a fundamental right guaranteed under the Indian constitution, forensic investigation is a crucial tool for law enforcement agencies to solve crimes and bring perpetrators to justice. This paper examines the tension between these two interests and explores the Indian perspective on balancing individual privacy rights with the need for effective forensic investigation. It analyzes the constitutional framework, judicial pronouncements, and legislative developments to understand the tensions between individual privacy and investigative needs. Indian constitution protets individual privacy through Article 21, Article 19(1) a. To ensure privacy forensic investigations are subject to legal limitations, procedural limitations and technological limitations. Indian Courts balance privacy concerns with investigative needs through a nuanced approach considering judicial principles, legal framework and judicial precedents. Forensic Investigation plays a crucial role in crime solving by providing scientific evidence to aid in the investigation and conviction of criminals. It provides unbiased evidence that helps investigators to identify perpetrators.

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Publication Details

Journal
JOURNAL GLOBAL VALUES
Published
2024-12-31
DOI
https://doi.org/10.31995/jgv.2024.v15i02.026
Primary Topic
Criminal Law and Evidence
Type
article
Field-Weighted Citation Impact
0.00
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article

Right to Privacy Forensic Investigation: Indian Perspective

R. K. Saini, Japneet Singh Wadhwa
JOURNAL GLOBAL VALUES
Criminal Law and Evidence
article

Right to Privacy Forensic Investigation: Indian Perspective

R. K. Saini, Japneet Singh Wadhwa
article en

Abstract

The right to privacy and forensic investigation are two conflicting interests that have been debated extensively in the Indian context. The right to privacy is a fundamental right guaranteed under the Indian constitution, forensic investigation is a crucial tool for law enforcement agencies to solve crimes and bring perpetrators to justice. This paper examines the tension between these two interests and explores the Indian perspective on balancing individual privacy rights with the need for effective forensic investigation. It analyzes the constitutional framework, judicial pronouncements, and legislative developments to understand the tensions between individual privacy and investigative needs. Indian constitution protets individual privacy through Article 21, Article 19(1) a. To ensure privacy forensic investigations are subject to legal limitations, procedural limitations and technological limitations. Indian Courts balance privacy concerns with investigative needs through a nuanced approach considering judicial principles, legal framework and judicial precedents. Forensic Investigation plays a crucial role in crime solving by providing scientific evidence to aid in the investigation and conviction of criminals. It provides unbiased evidence that helps investigators to identify perpetrators.

JOURNAL GLOBAL VALUESVol. XV(2)
Openalex Percentile: Top 47%
Criminal Law and Evidence
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