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Report No. 94

4.8. Discretion in England in the realm of evidence and enumeration.-

It is not necessary to burden this Report with an exhaustive discretion of all the situations in which courts in England are supposed to possess a discretion to exclude relevant evidence on a particular ground. A fairly recent study1 enumerates these situations of discretion as under2:-

(a) Illegally obtained evidence.

(b) Improperly obtained evidence.

c) Evidence of similar facts.

(d) Cross-examination of the accused as to character.

(e) confessions.

(f) Admissions by accused persons.

(g) Evidence calculated to prejudice the course of the trial.3

1. M.S. Weinberg Judicial Discretion to Exclude Relevant Evidence, (1975) 21 Mc Gill Law Journal 1, 11 to 13.

2. Footnotes appearing in the study are omitted for brevity.

3. On this, see the Australian case of Wilson v. R., (1970) 44 ALJR 221 (222) and the English case of R. v. List, (1965) 3 All ER 710 (711).

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

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