Search and seizure of digital devices: Supreme Court gives Central government six weeks to frame guidelines

The Supreme Court on Thursday granted six weeks to the Central government to frame guidelines for search and seizure of digital devices by police and law enforcement agencies..A Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia expressed concern over the Centre prolonging the delay in framing guidelines since 2021, and questioned the timeframe.When Additional Solicitor General (ASG) SV Raju proposed a minumum of one month, the Bench insisted that one month had to be the maximum duration. ASG Raju then suggested a three month period, which the Supreme Court did not agree with.The Court proposed that following the Central Bureau of Investigation (CBI) Manual could be a viable interim solution as it would ensure that, at the very least, a hash value is provided during searches.Consequently, the Court directed all Central government agencies to adhere to the CBI Manual for the search and seizure of digital devices until official guidelines are established.It granted a six-week period for the framing of interim guidelines and listed the matter for further consideration on February 6..The top court was hearing two public interest litigation (PIL) petitions calling for mechanisms to be put in place to govern search and seizure of digital devices by law enforcement and investigating agencies.One plea has been filed by the Foundation for Media Professionals. The other plea is by a group of five academicians and researchers contending that unbridled powers were being exercised by investigating agencies when it comes to seizing digital devices that contain "much, if not all, of a citizen’s personal and professional life.".In August 2022, the Supreme Court had asked the Central government to file a fresh reply to the academicians' plea, after finding that its counter-affidavit was incomplete and not satisfactory. In November that year, the Court had imposed costs of ₹25,000 on the government for not filing the said reply.The Supreme Court had recently expressed its dissatisfaction over the delay by the Central government in framing the said guidelines."When did we issue notice? Some timeframe has to be followed. Two years have passed, Mr Raju!" Justice Kaul had remarked.