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Report No. 94

10.7. Purity of the judicial process.-

An argument which has gained popularity in modern times, and which seems to carry considerable force behind it, addresses itself to the purity and integrity of the judicial process, rather than to the conduct of individual litigants or to the element of deterrence. According to this argument, what is at stake is not merely the regulation of illegal conduct and the need to deprive a wrongdoer of the benefit of his wrong doing, but the need to ensure that the stream of justice is not polluted by material originally obtained by the commission of an illegality. Exclusion of such evidence is considered proper in order to protect the integrity of the court by requiring or permitting the court to refuse to countenance unlawful actions.

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

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