Report No. 94
10.17. Position under the Indian Constitution.-
How far the adoption of a rule or discretion excluding the admission of illegal evidence becomes a constitutional imperative or desideratum in India is a question which cannot, in the present state of the law, be answered with certainty, there being no direct authority on the subject. We do not have a provision in the Indian Constitution strictly corresponding to the Fourth Amendment of the U.S.A. As regards the concept of "procedure established by law" laid down in Article 21 of the Indian Constitution, that concept still remains to be spelt out in its application to the law of evidence. While a number of judicial pronouncements on this article have added a richness and lent a new dimension to our constitutional jurisprudence, the particular question now in issue has not yet arisen in the courts, except1 once. There is no doubt that this question will arise in the courts some day. When it arises, the courts will be called upon to make a difficult choice, but they will have a number of models available for concrete study.
1. R.M. Malkani's case, AIR 1973 SC 153.