Upgrad LLM

evidence obtained illegaly in criminal proceedings:

Advocate

If it is shown by the defence counsel that some vidnce were obtained by the police by illegal or improper means in a criminal proceedings, should the Court refused tro admit it in evidence?

 
Reply   
 

Dear Sir,

In my opinion, for admission of an evidence, only it's relevency to the case is to be considered and not the source as to how it was procured.

However, lets wait for opinions of other learned friends.


Total likes : 1 times

 
Reply   
 


Advocate

Tripathi., sir i agree with you. Supreme court in number of cases has held that illegality of obtaining an evidence doesn't effact its admissibility or reliability.

Total likes : 1 times

 
Reply   
 
LAWYER HUBLI,KARNATAKA

I agree with Tripathi Sir,

 
Reply   
 
Advocate

Thanks all of you.

 
Reply   
 

The evidence is acceptable for arriving at just conclusions in the case, but when the court asks for the source, the producer of the evidence shall divulge it.

 
Reply   
 

Evidence act is also a procedural law and Cr.P.C is also a procedural law.  Hence all procedural laws are to be the handmaid of Justice and not the Mistress of Justice but the procedural law must be fair.  Hence, if the act is to cause miscarriage of justice by affecting the fairness and fair play the judge can decide the admisibility of the evidence because evidence act of 1872 gives the judge this power.  In this regard it would be worthile to state the followin on the same subject matter in foriegn country to exclude the admission of evidence “prejudicial to the accused”,

If “the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.” That “prejudice to the accused” is a different concept from “adverse effect on the fairness of the proceedings” is succinctly put by Judge R. May in this illuminating passage:

“It is submitted, with respect, that the view expressed in Fulling accords with the intention of Parliament, which, in sections 78 (2) and 82 (3) of [PACE], preserved the common law rules. As a result, it would appear that section 78 [of PACE] must be considered on its wording.

Thus if the evidence had been obtained and unless the prosecution if it is by a confession leading to recovery the confession must have been volountary or otherwise it is also inadmissible. 

If source of information of the evidence if not proved to genuine then the first part when not proved makes the second part also not proved because the law of evidence act on Logic.

In this regard it would be worthwhile to quote,Sir Arthu Eggar a renouned jurist of Burma who in his book on the Indian Evidence act of 1872 has said it the Law of Logic that governs the rule of evidence whereby relevancy mkes the operation but if the illegality cannot be brought in to usurp the fairness of play.

Ramakrishnan.V

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x