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Report No. 94

10.18. Need for an elastic approach.-

On an.examination of the pros and cons of the matter under discussion it would appear that in this area there are no absolutes. On the one hand, if evidence obtained illegally is not admitted at the trial, grave injustice might be caused in some cases and the respect for the courts as courts of justice would be lowered. On the other hand, there are cases where the illegal conduct is so shocking that the count would consider it unjust to admit the evidence. There are many degrees of illegality, and it would appear that, for this reason, an element of elasticity in the law may, in the majority of cases, better serve the interests of justice than a blind adherence to a rigid rule of exclusion. At the same time, the question that must be considered is whether the present position in India is consistent with justice. It is in the light of these considerations that we approach the matter. Our own views will be indicated more concretely on each issue in due course.1

1. Chapter 11, infra.

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

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