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M Shastri
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Comments by "M Shastri" (@libshastra) on "NCB’s smoking gun: Can WhatsApp chats land you in trouble?" video.
Isn't this a violation of right to privacy, haebus corpus, warrantless seizure of personal artifacts? The way NCB gathered WhatsApp messages would make that evidence inadmissible in court since it was seized under duress or without a warrant.
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Aproova here is talking about procedural admission of electronic evidence in courts but it misses the point of warrantless collection of evidence.
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@sahi_bae fundamental rights, basic doctrine always takes precedent over any law promulgated by Parliament, even those that goes against rights and basic doctrine. This has been established precedent since Keshavnanda v. Govt of Kerala. Sessions court doesn't follow Supreme Court precedent doesn't diminish the fact that there's been violations of rights and substandard investigation and admission of evidence
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@hmmmm6685 you should care to learn about those terms then. No NCB does not have the right to squash fundamental rights in it's pursuit of investigation. It still needs to respect natural rights of an individual. Evidence collected in jail is inadmissible unlike confessions. You still need to establish that there's ground for seizure before you can capture evidence from personal artifacts. These things a reasonable sessions judge would shove down a cop.
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Warrants.
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