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Report No. 94

2.6. The fourth category.-

To the fourth category mentioned above belong those countries where a constitutional guarantee, or the judicial construction of a constitutional guarantee, excludes certain evidence from use at the trial, where the evidence has been obtained in violation of such constitutional guarantee. The most familiar example of this category is the United States.1 The case law of that country on the Fourth Amendment (protection against unreasonable search and services) and the Fourteenth Amendment (the Due Process clause) in particular provides instances of situations falling in the category under discussion.

1. Chapter 6, infra.

Evidence Obtained Illegally or Improperly - Proposed Section 166a of the Indian Evidence Act, 1872 Back

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