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Report No. 94

1.4. Methodology of study and tentativeness of the conclusions to be reached.-

In view of the constitutional overtones of the controversy and the importance of the subject from the point of view of human rights, it may be desirable for the purpose of the present inquiries to examine several theoretical and practical aspects. Developments in other countries, past as well as recent, are of interest.

At the same time, it should be remembered that the position on the subject under discussion in certain other countries seems to be in a fluid condition,1 and any assessment that one might make of the law in those countries should be regarded as very tentative, and may not necessarily be reflective of the up-to-date position in all its minuteness. In fact, since the subject itself is integrally connected with human values, even the conclusions that may be ultimately arrived at in the present inquiry should be regarded as possessing a validity only for a limited space of time, and as not ruling out a fresh examination of the subject after a reasonable interval.

1. See Meng Heong Yeo Discretion to Exclude Illegally and Improperly Obtained Evidence, (1981) Melbourne Univ. Law Review 31.



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




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