The question of privacy as a fundamental component of the right to life and personal liberty under Article 21 of the Indian Constitution has long been a matter of legal contention, with various judgments reflecting a spectrum of judicial opinions. This debate reached a watershed moment in 2017 with the landmark Puttaswamy [1] judgment, in which the Supreme Court unequivocally established the right to privacy as a fundamental right, underscoring its vital importance in protecting individual dignity and autonomy. Recently however, the issue has resurfaced as the Supreme Court examined complexities of privacy in the digital era, bringing to light the ongoing challenges and significance of the said right, amid rapid technological developments and increasing state surveillance under criminal jurisprudence.

Background

A Nigerian national faced charges under the Narcotic Drugs and Psychotropic Substances Act, 1985 and was subsequently arrested in the year 2014. However, in the year 2022, the Hon’ble Delhi High Court ordered the accused to be enlarged at bail subject to a few conditions. One such condition was that the accused was to drop a PIN on their google maps to ensure their location was available to the Investigation Officer at all times. A key issue for consideration of the court in this case was whether such a condition for bail was infringing the fundamental rights of the accused.

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