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Report No. 94

10.6. Unfairness.-

One more argument to support on exclusionary rule is the argument of unfairness. The admission of evidence obtained illegally, it is stated, would be unfair or unjust to the accused. This was the traditional basis of the English rule on the subject.1

1. Callis v. Gunn, (1963) 2 All ER 677.

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

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