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Report No. 94

Evidence Obtained Illegally or Improperly: Proposed Section 166a, Indian Evidence Act, 1872

Chapter I Introductory
1.1 Scope
2. The traditional approach
3. Need for study
4. Methodology of study and tentativeness of the conclusions to be reached
5. Working Paper circulated by the Commission
Chapter 2 The Differing Approaches
2.1 Differing approaches as to evidence illegally or improperly obtained
2. Constitutional dimensions
3. Categories of countries-The first category
4. The second category
5. The third category
6. The fourth category
7. Geographical summary
Chapter 3 The Indian Law
3.1,2. General approach
3. Codifications
4. Confession
5. Illegal searches
6. Supreme Court decisions
Chapter 4 English and Scottish Law
4.1 Privy council case of Kuruma-Discretion regarding evidence obtained illegally
2,3. Decision in R. v. Sang
4. Discretion as to evidence of similar facts
6. Discretion as to confession
7. Confessions
8. Discretion in England in the realm of evidence and enumeration
9. The Scottish approach
10. Principle underlying Scottish law
11. Examples of exercise of discretion
12. Guiding factor
Chapter 5 Position in Australia and New Zealand
5.1 General rule in Australia and New Zealand
2. Australian Case as to breath test
3. Discretion as formulated by the High Court of Australia
4. Analysis
5. Queensland Report
6. Confessions
Chapter 6 Position in Canada
6.1 General approach upto 1971.
2. Canadian case of 1971
3. Constitutional case in Canada
4. Constitutional and legal position
5. Ontario Law Commission
6. Proposed Evidence Code
7. Civil action for damages
8. Interception of communications
Chapter 7 Position in U.S.A.
7.1 Search and seizure
2. Constitutional rights-effect of violations on the law of evidence
3. Exception in regard to illegal search
4. Illegal search and seizure
5. Arrest
6. Warrant when required
7. Civil cases
8,9. Criticism
10. Recent comment as to the exclusionary rule based on the Fourth Amendment
11. Interception of communications in U.S.A
12. Canadian law-Section 178.16, Canadian Criminal Code
13. The established trend in U.S.A
14. Evolution of the law
15. Cases of 1961-1966
16,17. State Courts
18. Case law in United States
19 to 21. Criticism in U.S.A
22. A recent discussion about the U.S.A
Chapter 8 A Case from Jamaica
8.1 Privy Council case from Jamaica
2. Unfairness to be judged from all the surrounding circumstances
3. Constitutional aspect of the Privy Council ruling
Chapter 9 Comments Received on The working Paper
9.1 Comments received-a general description
2. High Courts
3. State Governments
4. Other comments
5. Confining the proposal to criminal cases
6. Some point made as to existing laws
7. Illegality and irregularity
Chapter 10 Arguments Pro and Con
10.1 Various arguments summarised
2. Deterrence
3. Difficulty of determining the deterrent effect
4. Alternative remedies
5. The ethical arguments in the doctrine of "clean hands"
6. Unfairness
7. Purity of the judicial process
8. Wigmore's view criticised
9. Symmetry and development of the law
10. Arguments against conclusion
11. Collateral inquiry
12. Vindication of rights of the accused
13. The fundamental question
14. Alternative remedies
15. The argument of injustice
16. The constitutions aspect
17. Position under the Indian Constitution
18. Need for an elastic approach
Chapter 11 Issues for Consideration and Recommendations
11.1 Issues
2. Conclusion as to need for reform
3. The first issue-need for reform
4. Second issue-Discretion to be given
5. Third issue-the governing consideration
6. Fourth issue-factors to be considered
7. Recommendation
Chapter 10A Evidence Obtained Illegally or Improperly
Appendix Some Illustrative Situations of Evidence Obtained Illegally or Improperly

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