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Report No. 94

7.4. Illegal search and seizure.-

What constitutes illegal search and seizure is more a matter of Constitutional Law than of the law of evidence in U.S.A. However, some of the that have relevance to the present discussion may be stated:1

Proposed Section 166A, Indian Evidence Act, 1872 A search or seizure will be illegal if it is unreasonable as to

(i) the grounds of suspicion stimulating it (even if the search thereafter uncovers sufficient grounds), or

(ii) the manner of execution, or

(iii) the range of the search, or

(iv) the items seized.

1. Rothstein Evidence in a Nutshell, (May 1981), pp. 466-467.

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

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