The Supreme Court today held that obtaining evidence illegally by using tape recordings or photographs is admissible in law although such methods was not the procedure established by law
"It is a settled legal proposition that even if a document is procured by improper or illegal means, there is no bar to its admissibility if it is relevant and its genuineness is proved. If the evidence is admissible, it does not matter how it has been obtained," a bench headed by Justice B S Chauhan said.
The bench, however, said that before accepting such evidence, the court must come to the conclusion that the evidence is genuine and free from tampering.
"However, as a matter of caution, the court in exercise of its discretion may disallow certain evidence in a criminal case if the strict rules of admissibility would operate unfairly against the accused. More so, the court must conclude that it is genuine and free from tampering or mutilation," it said.
"This court repelled the contention that obtaining evidence illegally by using tape recordings or photographs offend Articles 20(3) and 21(Protection of life and liberty) of the Constitution of India as acquiring the evidence by such methods was not the procedure established by law," the bench said.
The court passed the order while directing CBI to conduct a probe against Andhra Pradesh DGP accused of amassing disproportionate assets and pulled up the state government for refusing to investigate the case on the ground that the complaint against the state's top police official was forged.
The apex court held although the complaint was forged the documents annexed with it shows property details of the top cop, which must be looked into.
