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Report No. 94

11.2. Conclusion as to need for reform.-

On a careful consideration of the various issues, the Commission has come to the conclusion that there is need for conferring on the court a discretion to exclude evidence obtained illegally or improperly if, in the circumstances of the case, the admission of such evidence would bring the administration of justice into disrepute. The discretion, of course, will be guided by certain factors, which we shall set out in detail when suggesting the precise legislative amendment. In order to enable us to state in greater detail the reasons for our main conclusion, we find it convenient to take up the issues that fall to be considered.



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




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