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Report No. 94

10.15. The argument of injustice.-

Finally, there is the argument that it will be grave injustice to deny the use of evidence to a party not involved in the alleged illegality.1 This argument naturally has some force, but the objection becomes irrelevant when one views the State as an entity or organisation engaged at various stages in law enforcement.2 The functionaries through whom the process is carried on may be different at various stages and may change from time to time, but the organisation remains the same. The judicial sanction of refusal to admit evidence illegally obtained would thus be applied not against an individual as such, but against an organisation viewed as a whole.

1. Para. 10.10 (iii), supra.

2. Compare para. 105, supra.

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

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