Evidence Act 1872 Section 135

Evidence Act Section 135 addresses the exclusion of evidence obtained through improper or illegal means. This section plays a crucial role in maintaining the integrity of judicial proceedings by ensuring that evidence collected in violation of legal procedures is not admitted in court.

Understanding Section 135 is vital for lawyers, judges, and law enforcement officers as it balances the need for truth with protecting individual rights. It applies in both criminal and civil cases, affecting how evidence is scrutinized before being accepted.

Evidence Act Section 135 – Exact Provision

This section mandates courts to exclude evidence if it was acquired through illegal or unfair methods. The focus is on protecting the rights of individuals and ensuring that the judicial process is not compromised by unlawfully gathered proof.

• Prohibits admission of evidence obtained illegally or unfairly.

• Protects fundamental rights during evidence collection.

• Applies to evidence from persons in custody or under authority.

• Supports fair trial principles.

Explanation of Evidence Act Section 135

Section 135 requires courts to exclude evidence gained through unlawful means. It affects accused persons, witnesses, police, and courts by setting evidentiary standards.

• Evidence obtained by violating laws or rights is inadmissible.

• Impacts accused persons whose rights must be protected.

• Police must follow lawful procedures during evidence collection.

• Courts assess the legality of evidence acquisition before admission.

• Triggers when evidence is challenged as improperly obtained.

Purpose and Rationale of Evidence Act Section 135

This section ensures that evidence admitted in court is collected fairly and legally. It promotes justice by preventing the use of evidence gathered through coercion, torture, or illegal searches.

• Ensures reliability of evidence.

• Promotes fairness in trials.

• Prevents abuse of power by authorities.

• Strengthens judicial truth-finding by excluding tainted evidence.

When Evidence Act Section 135 Applies

Section 135 applies when evidence is alleged to have been obtained unlawfully, especially from persons in custody or under authority. It can be invoked by any party during trial.

• Applicable when evidence collection methods are challenged.

• Invoked by accused, defense, or prosecution.

• Relevant in both criminal and civil cases.

• Limited to evidence obtained in violation of law or rights.

• Exceptions may apply if evidence is independently corroborated.

Burden and Standard of Proof under Evidence Act Section 135

The burden lies on the party challenging the evidence to prove it was obtained unlawfully. The standard is on a balance of probabilities, not beyond reasonable doubt. Section 135 works alongside Sections 101–114, which deal with presumptions and burden of proof.

• Challenger must show evidence was improperly obtained.

• Standard of proof is preponderance of probabilities.

• Interacts with presumptions about evidence authenticity.

Nature of Evidence under Evidence Act Section 135

This section deals with the admissibility of evidence, focusing on the legality of its acquisition. It applies to all types of evidence, including oral, documentary, and electronic, with procedural obligations to prove lawful collection.

• Concerns admissibility based on method of collection.

• Applies to oral, documentary, and digital evidence.

• Limits use of evidence obtained via coercion or illegal search.

• Requires procedural compliance during evidence gathering.

Stage of Proceedings Where Evidence Act Section 135 Applies

Section 135 is relevant during the trial stage when evidence is presented and challenged. It may also apply during investigation if unlawfully obtained evidence is discovered, and during appeals if admissibility is questioned.

• Primarily applies at trial during evidence admission.

• Relevant in investigation if evidence legality is challenged.

• Applicable during appeals on admissibility grounds.

• Used in cross-examination to question evidence validity.

Appeal and Challenge Options under Evidence Act Section 135

Rulings on exclusion of evidence under Section 135 can be challenged via appeals or revisions. Higher courts review whether the trial court correctly applied the law and protected rights, with timelines governed by procedural laws.

• Appeals challenge admissibility decisions.

• Revisions may be sought for procedural errors.

• Higher courts assess fairness and legality.

• Strict timelines apply for filing challenges.

Example of Evidence Act Section 135 in Practical Use

Person X is arrested without a warrant and subjected to a search without consent or legal authority. The police seize a mobile phone and use its contents as evidence. During trial, X's lawyer invokes Section 135, arguing the evidence was obtained illegally. The court excludes the phone data, emphasizing the need for lawful evidence collection.

• Highlights protection against illegal searches.

• Demonstrates courts’ role in safeguarding rights.

Historical Background of Evidence Act Section 135

Introduced in 1872, Section 135 was designed to prevent courts from admitting evidence gathered through illegal means. Historically, courts have evolved to emphasize fair trial rights, with amendments reinforcing protections against coercion and unlawful searches.

• Part of original 1872 Evidence Act framework.

• Reflects colonial-era concerns about police abuses.

• Judicial interpretations have expanded its scope.

Modern Relevance of Evidence Act Section 135

In 2026, Section 135 is crucial amid rising digital evidence and electronic surveillance. It ensures that evidence from digital devices respects privacy laws and procedural safeguards. The section supports judicial reforms promoting transparency and fairness in e-courts.

• Applies to digital and electronic evidence.

• Supports privacy and data protection principles.

• Integral to judicial reforms and e-court procedures.

• Ensures fair trial in the digital age.

Related Evidence Act Sections

• Evidence Act Section 24 – Confession Caused by Threat or Promise

  – Excludes confessions obtained by coercion, complementing Section 135’s focus on lawful evidence.

• Evidence Act Section 25 – Confession to Police Officer

  – Bars confessions made to police, reinforcing protections against improper evidence.

• Evidence Act Section 27 – Discovery of Facts

  – Allows admission of facts discovered through information obtained illegally, with exceptions to Section 135.

• Evidence Act Section 101 – Burden of Proof

  – Defines who must prove facts, relevant when challenging evidence under Section 135.

• IPC Section 24 – Voluntary Confession

  – Interacts with Evidence Act provisions on admissibility of confessions.

• CrPC Section 50 – Medical Examination of Accused

  – Ensures lawful procedures during evidence collection, supporting Section 135’s aims.

Case References under Evidence Act Section 135

1. State of Punjab v. Baldev Singh (1999, AIR SC 2378)

   – Evidence obtained through illegal search was excluded to uphold fair trial rights.

2. Selvi v. State of Karnataka (2010, AIR SC 1974)

   – Court held that involuntary evidence, including narco-analysis, violates fundamental rights and is inadmissible.

3. Kartar Singh v. State of Punjab (1994, AIR SC 943)

   – Emphasized exclusion of evidence obtained by torture or coercion under Section 135.

Key Facts Summary for Evidence Act Section 135

• Section:

  135

• Title:

  Exclusion of Improperly Obtained Evidence

• Category:

  Admissibility, Fair Trial, Evidence Collection

• Applies To:

  Accused, Police, Courts, Witnesses

• Proceeding Type:

  Criminal and Civil Trials

• Interaction With:

  Sections 24, 25, 27, 101; IPC and CrPC provisions

• Key Use:

  Ensuring evidence is lawfully obtained and admissible

Conclusion on Evidence Act Section 135

Evidence Act Section 135 is a cornerstone of fair trial rights in India. By excluding evidence obtained through illegal or unfair means, it safeguards individual liberties and maintains judicial integrity. This section ensures that courts do not become complicit in rights violations by admitting tainted evidence.

Its application spans criminal and civil cases, adapting to modern challenges like digital evidence. Understanding Section 135 is essential for legal practitioners to protect clients’ rights and uphold justice in every stage of the legal process.

FAQs on Evidence Act Section 135

What types of evidence can be excluded under Section 135?

Section 135 excludes evidence obtained through illegal methods, such as unlawful searches, coercion, or violation of fundamental rights. This includes physical, oral, documentary, and digital evidence collected without following legal procedures.

Who can challenge evidence under Section 135?

Any party in a legal proceeding—accused, defense, or prosecution—can challenge the admissibility of evidence under Section 135 if they believe it was obtained unlawfully.

Does Section 135 apply only in criminal cases?

No, Section 135 applies in both criminal and civil cases wherever evidence is alleged to have been obtained improperly, ensuring fairness across all legal proceedings.

How does Section 135 interact with other Evidence Act provisions?

Section 135 complements sections like 24 and 25, which exclude coerced confessions, and interacts with burden of proof rules in Sections 101–114 to determine admissibility and challenge evidence.

Can illegally obtained evidence ever be admitted?

Generally, illegally obtained evidence is excluded. However, exceptions exist if the evidence is independently discovered or if its exclusion would harm justice, but such cases are rare and carefully scrutinized.