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Report No. 94

1.2. The traditional approach.-

Generally speaking, the traditional approach of the Indian courts has been to the effect that, absent a specific statutory or constitutional provision which provides for excluding particular types of evidence, the fact that evidence was obtained illegally remains of no consequence in regard to its admission at the criminal trial. Lord Scarman1 noted in the English case of Sang that "judges are not responsible for the bringing or abandonment of prosecutions" and that "save in the very rare situation, which is not this case, of an abuse of process of the court the judge is concerned only with the conduct of the trial."2 This has been the approach adopted in India also.

1. Chapter 3, infra.

2. R. v. Sang, (1979) 3 WLR 263 (288); Cf. R. v. Sang, (1979) 2 WLR 439 (458) (CA).

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

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