USA HISTORY

Detailed explanation-1: -It permits a criminal defendant to prevent the prosecution from introducing at trial, otherwise admissible, evidence that was obtained in violation of his /her rights under the Constitution.

Detailed explanation-2: -Under the Indian Evidence Law regime, an illegally obtained evidence is admissible in the Court if it is ‘relevant’ to the case and the admission of such evidence has not been expressly or impliedly barred by the Constitution or any other law (2).

Detailed explanation-3: -The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.

Detailed explanation-4: -The evidence collected in a search in violation of law does not become inadmissible in evidence under the Evidence Act. The consequence would be that evidence discovered would be to prove unlawful possession of the contraband under the Act.

Detailed explanation-5: -Under the Indian Evidence Act, 1872, when any fact has been declared to be legally relevant then they become admissible. All admissible facts are relevant but, all relevant facts are not admissible. Admissibility is a decisive factor between relevance and proof and only legally relevant facts are admissible.