Theory of Relevancy – Indian Evidence Law

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Pooran Mal v. Director of Inspection:

Evidence obtained by illegal search inadmissible, in the case the search and seizure were in contravention of the provisions of Section 132 of the Income Tax Act, still the material seized was liable to be used subject to law before the Income Tax authorities. Evidence obtained as a result of illegal search or seizure is not liable to be shut out.

R.M. Malkani v. State of Maharshtra:

Telephonic conversation being recorded by the police is admissible provided first, the conversation is relevant to the matters in issue, secondly, there is identification of the voice, and thirdly the accuracy of the tape-recorded conversation is proved by eliminating the possibility of erasing the recording. Contemporaneous tape record of a relevant conversation is a relevant fact and is admissible.

State of Punjab v. Baldev:

Evidence collected in a search conducted in violation of the safeguards provided in s.50 of the N.D.P.S Act cannot be used as evidence of proof of unlawful possession of the contraband on the accused though any other material recovered during that search may be relied upon by the prosecution of any other proceedings.

As long as it is not tainted by an inadmissible confession of guilt, evidence even if it is illegally obtained is admissible.

You can find notes on other topics on Evidence here.  You can grab notes for other law subjects from here.


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