02/03/2025
To Know the Case, Read Caption! ⤵️
In a notable ruling, the Madhya Pradesh High Court granted anticipatory bail to Murli Manohar Soni, accused under Section 69 of the Bharatiya Nyaya Sanhita (BNS) (Sexual in*******se by employing deceitful means, etc.), along with Sections 118(1) & 351(2) BNS. However, the court imposed extraordinary conditions, raising legal concerns over privacy and self-incrimination.
🔹 Case Background:
➡️ The accused contended that he was in a consensual relationship with the victim and that an FIR was lodged after a dispute between them.
➡️ The prosecution argued that the accused had threatened the victim, forcing her into a relationship, and that the MLC report confirmed physical assault, with injuries on her head, hand, and stomach.
➡️ The court granted anticipatory bail, noting that custodial interrogation was not required but imposed strict conditions.
🔹 Court’s Directives:
✅ The accused must cooperate with the investigation.
✅ He must surrender all electronic gadgets (laptop, mobile, etc.).
✅ He is required to disclose passwords of social media accounts (Facebook, Instagram, WhatsApp, etc.).
✅ He must provide body fluid and blood samples if required by the police.
✅ He must not contact, induce, or threaten the victim or any witnesses.
🔹 Legal Implications:
⚖️ Right to Privacy Concerns: Requiring social media passwords and personal data raises questions under Article 21 (K.S. Puttaswamy v. Union of India).
⚖️ Self-Incrimination Debate: Mandating disclosure of passwords and body samples could potentially violate Article 20(3).
⚖️ Judicial Discretion in Bail Conditions: Section 482(2) BNSS allows courts to impose conditions, but their scope and constitutional validity remain a legal debate.
📝 Significance: This ruling sets a controversial precedent regarding privacy rights and judicial conditions for bail. It also highlights the increasing role of digital evidence in criminal investigations.
📌 Case Title: Murli Manohar Soni v. State of Madhya Pradesh