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.
Authors
- R. K. Saini (ORCID: https://orcid.org/0009-0005-4186-7879)
- Japneet Singh Wadhwa
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