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Report No. 94

7.14. Evolution of the law.-

This principle was developed in other well-known case of 19641 in which the accused had been refused by the police his request to consult his lawyer during interrogation and had not been informed of his right to remain silent. An inculpatory statement made by the accused person while he was being interrogated in police custody and before he had been charged was, by reason of the above mentioned refusal of the police, held to be not admissible at the subsequent trial. The ruling was based on the Sixth Amendment to the Constitution of United States, which, so far as is material, reads:-

"In all criminal prosecutions, the accused shall enjoy the right to have the assistance of counsel for his defence."

1. Escobedo v. Illinois, (1964) 378 US 473.

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

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