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Report No. 94

10.2. Deterrence.-

Those who put forward the argument of deterrence as justifying a rule of exclusion lay emphasis on the need to have, in the law, an effective deterrent against illegal conduct in law enforcement. It is stated that in order that such conduct may not be resorted to in law enforcement, the only effective sanction within the apparatus of the law is a rule which excludes evidence obtained illegally. The strict exclusionary rule adopted in the U.S.A. rests on this assumption, though, no doubt, its adoption in that country has been buttressed by the fact that what is in issue is an infringement of a constitutional provision.



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




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