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Report No. 94

9.6. Some point made as to existing laws.-

Some of the comments received on the Working Paper seem to assume that discretion to exclude evidence illegally procured is already vested in the court under the existing law.1 This does not, however, appear to be quite a correct assumption. We have discussed in an earlier Chapter the present law and pointed out that2 no Indian decision-not even a Supreme Court decision of 1973, sometimes relied on for such an assumption-regards illegality as a ground for rejecting evidence gathered illegally.

1. Law Commission of India File No. F.2(7)/83-L.C., S. No. 1 (Mrs. Phiroza Anklesaria, Advocate).

2. Para. 3.6, supra.

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

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