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Report No. 94

Chapter 10

Arguments Pro and Con

10.1. Various arguments summarised.-

In order that a proper decision may be taken as to whether there is need for amendment of the law of India on the subject under consideration, it will be convenient to mention here the arguments in favour of, or against, such an amendment. The major policy arguments in support of the adoption of a rule empowering the court to exclude illegally obtained evidence are connected with the element of deterrence, the ethical argument, the argument of unfairness to the accused, the argument connected with the integrity of the judicial process, and the argument as to symmetry and development of the law.

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

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