Now Reading: Delhi HC strikes down 24/7 location tracking in bail condition
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Delhi HC strikes down 24/7 location tracking in bail condition
According to livelaw.in, the Delhi High Court in November 2025 struck down a bail condition that forced accused Harinder Bashishtha to share his location 24 hours a day with the investigating officer…
The Story in Brief
According to livelaw.in, the Delhi High Court in November 2025 struck down a bail condition that forced accused Harinder Bashishtha to share his location 24 hours a day with the investigating officer via Google. Justice Vikas Mahajan relied on the Supreme Court's July 2024 ruling in Frank Vitus v. Narcotics Control Bureau, which declared that such digital tracking violates Article 21's right to privacy.
The Supreme Court had held that bail conditions must pass tests of legality, necessity, and proportionality, which continuous surveillance fails. Google's affidavit in the Frank Vitus case revealed that a dropped location pin is static and does not enable real-time tracking. Despite the clear ruling, livelaw.in reports that trial courts continue to impose similar conditions as routine, undermining the presumption of liberty for undertrials.
The Indian Opinion
Some trial judges treat digital tracking as a harmless way to ensure compliance. But Frank Vitus ruled it violates Article 21, and Google's affidavit showed location pins do not even enable real-time tracking. The condition is both unconstitutional and useless. The Supreme Court must enforce its own doctrine by holding lower courts accountable. The real test is whether any judge faces consequences for imposing such conditions.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
