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Report No. 94

11.4. Second issue-Discretion to be given.-

The need for reform in the law is therefore manifest. At the same time, we recognise that a provision mandatorily shutting out a piece of evidence merely because some illegality has been perpetrated in collecting it would not be advisable. Such a provision would be an extreme one and fail to take note of the infinite variety of situations that can arise in life. This is precisely the consideration that the present position also fails to take notice of, thus constituting another extreme. Both the extremes ought to be avoided. We would therefore, prefer the conferment of a discretion on the court, rather than a mandatory statutory provision. This answers the second question posed above.1

1. Para. 11.1, supra.

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

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