All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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53.

Which of the following statements is most accurate about illegally obtained evidence ?

A: Illegally obtained evidence cannot be relied on to convict an accused but can be relied only on to support contentions in civil matters.
B: Illegally obtained evidence cannot be relied on by any court.
C: Illegally obtained evidence can be used against a party charged with an offence.
D: Illegally obtained evidence can be relied on, only if corroborated by other evidence.
E: Illegally obtained evidence can be used to establish the mens rea of an accuse but not the actus reus.

The answer is: C

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Explanation

The correct option is C: Illegally obtained evidence can be used against a party charged with an offence. 

According to the Indian Evidence Act, 1872, the admissibility of evidence depends on its relevance, not on how it was obtained. Therefore, even if the evidence was illegally obtained, it can still be used in a court of law if it is relevant to the case. This is different from some other common law jurisdictions, such as the United States, where the exclusionary rule and the doctrine of 'Fruits of Poisonous Tree' prohibit the use of illegally obtained evidence in a criminal trial. 

The Indian Supreme Court has held that there is no provision in the Constitution or any other law that bars the admission of illegally obtained evidence. However, the court has also cautioned that such evidence should be examined with due care and circumspection, and that the rights of the accused should not be violated. The court has also recognized the right to privacy as a fundamental right, which may have implications for the admissibility of illegally obtained evidence in the future.