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Report No. 94

7.3. Exception in regard to illegal search.-

There is an exception to the privilege for use of the evidence for impeachment1 "(impeaching the credit)", where the accused, who has been the victim of the illegal search or seizure, takes his stand and (in either direct examination or cross-examination) denies possession of the materials seized from him as a result of the illegal search or seizure:2

1. Rothstein Evidence in a Nutshell, (May 1981), pp. 465-466.

2. (a) United States v. Havens, (1980) 446 US 620; (b) Walder v. United States, (1954) 347 US 62.

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

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