​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Law Commission Report on Illegally Obtained Evidence

Law Commission’s Recommendation
​The Law Commission of India examined the issue of illegally or improperly obtained evidence in its 94th Report titled “Evidence Obtained Illegally or Improperly.” The Commission recognized the need to balance two important considerations:

1. The search for truth in judicial proceedings; and
2. The protection of fairness and integrity in the administration of justice.

To address this issue, the Law Commission proposed the insertion of a new provision, namely Section 155A, in the Indian Evidence Act, 1872.

Proposed Section 155A
The proposed provision stated that where it is shown that any evidence was obtained by illegal or improper means, the court may refuse to admit such evidence after considering:

• the nature of the illegality or impropriety,
• the circumstances in which the evidence was obtained, and
• whether admitting such evidence would bring the administration of justice into disrepute.

Thus, the proposed section intended to confer discretionary power upon courts to exclude illegally obtained evidence in appropriate cases.

Purpose of the Recommendation
The recommendation aimed to ensure that courts do not encourage unlawful investigative practices. The Law Commission was of the view that if evidence obtained through illegal or improper methods is routinely admitted, it may undermine public confidence in the justice system and encourage abuse of power by investigating authorities.
The proposal reflected the principle that justice must not only be done but must also appear to be done fairly and lawfully.

Position under Indian Law
Despite the recommendation of the Law Commission, the legislature did not adopt the proposed Section 155A. Consequently, Indian law continues to follow the traditional rule that relevancy is the primary test for admissibility of evidence.
Under the prevailing position, evidence does not automatically become inadmissible merely because it was obtained illegally, provided it is otherwise relevant and admissible under the Bharatiya Sakshya Adhiniyam or earlier Evidence Act principles.

Conclusion
The 94th Report of the Law Commission highlighted the growing concern regarding illegally obtained evidence and suggested a discretionary exclusionary rule through proposed Section 155A. However, since the recommendation was not enacted, Indian courts generally continue to admit relevant evidence even if obtained through improper means, unless specific constitutional or statutory provisions prohibit its use.