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Report No. 94

Chapter 11

Issues for Consideration and Recommendations

11.1. Issues.-

It may be convenient to formulate now the important issues that call for consideration, in the light of the discussion contained in the preceding Chapters. In broad terms, these appear to be as under:-

(1) Is the present law in India as to the admissibility, in a criminal case, of evidence that has been obtained illegally or improperly just and fair? Or, does it stand in need of reform?

(2) If a reform in the present law is to be effected, should the reform take the shape of a statutory amendment giving to the court (in a criminal case) a discretion to exclude evidence obtained illegally or improperly? Or should it be a more radical one?

(3) If such a discretion as it postulated above is to be conferred on the criminal court, what should be the considerations to be laid down in the statutory provision in the behalf?

(a) Should the statutory provision lay down that the discretion to be conferred is to be exercised having regard to the need to exclude evidence procured in circumstances that would tend to bring the administration of justice into disrepute? Or

(b) Should the statutory amendment provide that the discretion to be conferred should be exercised, having regard to the need to avoid unfairness to the party against whom the evidence is sought to be used?

(4) Should the proposed statutory amendment (2) and (3) above further enumerate the circumstances to be taken into account in exercising the discretion?

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

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