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Report No. 94

2.7. Geographical summary.-

By way of a very brief statement of the position in selected areas, it may be stated that in the United States, in order to deter illegal activity in the securing of evidence in criminal proceedings, evidence is inadmissible if law enforcement officers have acquired it illegally or if illegal acts have led to the discovery of the evidence. In Canada, on the other hand, the courts have been more reluctant to subordinate the inquiry into truth to extrinsic policy considerations. In Scotland and Australia, a discretion is recognised and frequently exercised. The position in England is fluid in this regard. In India, the legal relevance of the evidence to the facts in issue is, under the present law, the only pertinent consideration. The way in which the evidence was obtained is treated as a collateral issue, having no bearing on the admissibility of evidence in India, although the court can consider the matter as having some effect on the credibility of the party who produces it.1

1. See, further Chapter 3, infra.

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

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