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Report No. 94

"Chapter 10A

Evidence Obtained Illegally or Improperly

166A. (1) In a criminal proceeding, where it is shown that anything in evidence was obtained by illegal or improper means, the court, after considering the nature of the illegality or impropriety and all the circumstances under which the thing tendered was obtained, may refuse to admit it in evidence, if the court is of the opinion that because of the nature of the illegal or improper means by which it was obtained its admission would tend to bring the administration of justice into disrepute.

(2) In determining whether evidence should be excluded under this section, the court shall consider all the circumstances surrounding the proceedings and the manner in which the evidence was obtained, including-

(a) the extent to which human dignity and social values were violated in obtaining the evidence;

(b) the seriousness of the case;

(c) the importance of the evidence;

(d) the question whether any harm to an accused or others was inflicted wilfully or not; and

(e) the question whether there were circumstances justifying the action, such as a situation of urgency requiring action to prevent the destruction or loss of evidence."

K.K. Mathew,
Chairman.

Nasirullah Beg,
Member.

J.P. Chaturvedi,
Member.

Dr. M.E. Rao,
Member.

P.M. Bakshi,
Part-time Member.

Vepa P. Sarathi,
Part-time Member.

A.K. Srinivasamurthy,
Member secretary.

Dated: October 28, 1983.



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




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