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Report No. 94

4.10. Principle underlying Scottish law.-

Scottish law in the area is founded upon the principle that "an irregularity in the manner of obtaining evidence is not necessarily fatal to its admissibility (but) irregularities of this kind always require to be 'excused' or condoned whether by the existence of urgency, the relative triviality of the irregularity or other circumstances".1-2

1. McGovern v. H.M. Advocate, 1950 SLT 133 (135).

2. J.B. Dawson Exclusion of Unlawfully Obtained Evidence, (July 1982), Vol. 31, ICLQ 513, 537, 538.



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




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