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Report No. 94

Evidence Obtained Illegally or Improperly: Proposed Section 166a, Indian Evidence Act, 1872

Chapter 1


1.1. Scope.-

This Report proposes to deal with a specialised area of the law of evidence, namely, how far should there be a discretion with the court in a criminal case to exclude evidence that has been obtained illegally or improperly? The question that has been broadly formulated in the preceding sentence has not, in judicial decisions in India, received the intensive attention that it has received in some other countries. However, for reasons to be mentioned later, the question needs to be examined in detail.1

1. Para. 1.3, infra.

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