An Analysis Of Illegal Search And Examining The Admissibility Of Illegally Obtained Evidence Through Unlawful Searches
Rajavath Surajnaick, Damodaram Sanjivayya National Law University
ABSTRACT
A search and seizure is a legal procedure that takes place when the police or other authorities andtheir agents have probable cause to believe that a crime has been committed. During this procedure,the authorities search the property of a person and seize any evidence that may be related to the crime. The sections of the Criminal Code that deal with searches in general are sections 97-103 and 165. In the event that any of the directions connected to search and seizure of any of these parts, or instructions by special acts, are broken, then the search that was carried out is considered to be anunlawful search. However, if the safeguards are not followed in the appropriate manner, the search will not have the same credibility. On the otherhand, it is reasonable to anticipate that noncompliance will not have the same impact as completely obliterating the search or seizure.
The exclusionary rule is the principal form of recourse available in situations involving unlawful searches. This implies that any evidence gathered via an unlawful search is not admissible in courtand cannot be utilised as evidence against the defendant during the trial of that defendant. If thereis a procedural error that significantly impacts the trial in a way that is detrimental to the accusedand cannot be rectified, the accused has the right to be acquitted of the charges against them. In such a circumstance, the court has to be convinced of the injustice that was done.
In this study we will discuss about the concept of Search and Seizures and how it is conducted andthe procedure that should be followed while conducting the same and the main importance has been given to illegal search this study gives insights about illegal search and discuss some related landmark judgements regarding the same.
Keywords: Illegal Search, Search & Seizures, Constitutionality, Evidence.
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