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Evidence Admissibility: Legal Perspectives on Search, Seizure, and Constitutional Rights in India

The admissibility or otherwise of a piece of evidence has to be judged having regard to the provision s of the Evidence Act. The Evidence Act or the Code of Criminal Procedure or for that matter any other law in India does not exclude relevant evidence on the ground that it was obtained under an illegal search and seizure.

Challenge to a search and seizure made under Criminal Procedure Code on the grounds of violation of fundamental rights under Article 20(3) by a Bench of 8 judges of this court. The challenge was repelled and it was held as under ( AIR pp. 306- 307,para 18

A power of search and seizure is in any system of jurisprudence an overriding power of the State for the protection of social security and that power is necessarily regulated by law. When the constitution makers have thought fit not to subject such regulation to constitutional limitations by recognition of a fundamental right to privacy.

Analogous to the American Fourth Amendment, we have no justification to import ,in to a totally different fundamental right, by some process of strained construction, Nor is it legitimate to assume that the constitutional protection under Article 20(3) would be defeated by the statutory provisions for searches.

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