An Analysis Of Illegal Evidence Gathering In India

Soumya Vemulakonda, Bennett University, Greater Noida

ABSTRACT

This paper attempts to ignite a discourse around illegal evidence gathering and its repercussions over the rights of the accused. These repercussions will be studied in detail to understand the severity of illegally obtained evidence. This paper will examine how the admissibility of illegally gathered evidence infringes the rights of the accused. In the introduction, the basics are covered such as the meaning of “evidence” and “relevant” from the Indian Evidence Act 1872. It covers the importance of understanding the issues that arise after admitting illegal evidence. Moreover, it will also examine the rules created by the UK and the US prohibiting admissibility of illegally obtained evidence. The purpose of delving into these rules is to draw inspiration for our Indian legislature to create guidelines regarding the same. The next chapter of the paper covers the laws of admissibility in India. It covers the basics which include detail interpretation of “relevant” and the what kind of facts are considered relevant in a case. The next chapter defines the exclusionary rule hailing from the US and the unfair operation principle emerging from the UK. Following the rules prohibiting illegal gathering of evidence is the main substance of the paper which examines the issues surrounding admissibility of evidence. The issues will include how admitting illegally obtained evidence in court violates the fundamental rights of the accused. It will examine the basic rights of the accused during the trial like right to fair procedure and fair trial. It is also important to point out that tape- recorder evidence violates the right to privacy which will be examined as the main issue. All of these aspects will be backed by case laws. Lastly, an analysis of the whole paper and a conclusion including suggestions for creating guidelines prohibiting illegal evidence will follow.