Evidence Act 1872 Section 24

Evidence Act Section 24 deals with the exclusion of evidence obtained through illegal or unfair means. It ensures that courts do not admit evidence that has been gathered by methods violating legal rights or procedures. This section plays a vital role in maintaining fairness and integrity in both civil and criminal trials.

Understanding Section 24 is crucial for legal practitioners as it safeguards against the misuse of power by authorities and protects the rights of accused persons and litigants. It also helps courts focus on reliable and lawfully obtained evidence, strengthening the judicial process.

Evidence Act Section 24 – Exact Provision

Section 24 prohibits the admission of evidence that has been collected through unlawful means, such as coercion, torture, illegal searches, or violation of constitutional rights. The aim is to prevent courts from encouraging or condoning illegal conduct by excluding such evidence from consideration.

• Excludes evidence gathered by illegal or unfair methods.

• Protects individual rights and legal procedures.

• Ensures trials are based on lawful proof.

• Prevents abuse of power by authorities.

• Supports judicial integrity and fairness.

Explanation of Evidence Act Section 24

This section states that evidence obtained through illegal means cannot be used in court. It affects accused persons, witnesses, police, and courts by setting boundaries on how evidence must be collected.

• Prohibits admission of evidence gathered unlawfully.

• Affects all parties involved in litigation and investigation.

• Requires evidence to be collected respecting legal rights.

• Triggers when evidence is challenged for illegality.

• Admissible evidence must be lawfully obtained.

• Illegally obtained evidence is inadmissible and excluded.

Purpose and Rationale of Evidence Act Section 24

The purpose of Section 24 is to ensure that evidence admitted in court is obtained fairly and legally. It promotes justice by discouraging illegal practices and protecting the rights of individuals involved in legal proceedings.

• Ensures reliability of evidence.

• Promotes fairness in judicial process.

• Prevents manipulation or misuse of power.

• Strengthens the truth-finding function of courts.

When Evidence Act Section 24 Applies

Section 24 applies whenever evidence is alleged to have been obtained illegally. It can be invoked by any party during trial or investigation to exclude such evidence.

• Applicable when evidence collection violates law or rights.

• May be invoked by accused, litigants, or courts.

• Relevant in both criminal and civil cases.

• Scope includes all forms of evidence.

• Exceptions are rare and strictly interpreted.

Burden and Standard of Proof under Evidence Act Section 24

The burden lies on the party challenging the evidence to prove it was obtained illegally. The standard is on the balance of probabilities, meaning it must be more likely than not that the evidence was unlawfully gathered. Section 24 works alongside Sections 101 to 114, which govern presumptions and burden of proof.

• Challenger must show evidence was illegally obtained.

• Standard is preponderance of probabilities.

• Supports fair trial by excluding tainted evidence.

Nature of Evidence under Evidence Act Section 24

Section 24 concerns the admissibility of evidence, focusing on the legality of its collection rather than its relevance or weight. It applies to all types of evidence, including oral, documentary, and electronic, with procedural obligations to challenge unlawful methods.

• Deals with admissibility based on legality.

• Applies to oral, documentary, and digital evidence.

• Limits evidence obtained through coercion or illegal search.

• Requires procedural safeguards during collection.

Stage of Proceedings Where Evidence Act Section 24 Applies

Section 24 is relevant primarily during the trial stage when evidence is presented. It may also be invoked during investigation or inquiry if illegal methods are suspected, and on appeal if admissibility is questioned.

• Trial stage – main application.

• Investigation – for lawful evidence gathering.

• Inquiry – to check evidence validity.

• Appeal – challenge admissibility rulings.

• Cross-examination – to expose illegal evidence.

Appeal and Challenge Options under Evidence Act Section 24

Rulings on admissibility under Section 24 can be challenged through appeals or revisions. Higher courts review whether evidence was rightly excluded or admitted, focusing on procedural fairness and legality. Timely objections during trial are crucial for appellate consideration.

• Appeals challenge admissibility decisions.

• Revisions address procedural errors.

• Higher courts ensure correct application.

• Strict timelines for raising challenges.

Example of Evidence Act Section 24 in Practical Use

Person X is accused of theft. Police obtain a confession by threatening him without legal counsel. During trial, X’s lawyer invokes Section 24 to exclude the confession as it was obtained illegally. The court agrees, rejecting the confession to ensure fairness.

• Illegal evidence can be excluded to protect rights.

• Section 24 empowers courts to uphold lawful procedures.

Historical Background of Evidence Act Section 24

Introduced in 1872, Section 24 reflected the colonial judiciary’s effort to prevent abuses in evidence collection. Historically, courts struggled with illegally obtained evidence, leading to this clear exclusion rule. Judicial interpretations have since refined its application.

• Established to curb illegal evidence gathering.

• Courts initially cautious in exclusion.

• Judicial evolution strengthened protections.

Modern Relevance of Evidence Act Section 24

In 2026, Section 24 remains vital amid digital evidence and electronic surveillance. It ensures that modern investigative tools comply with legal standards, supporting e-courts and digital records while protecting privacy and rights.

• Applies to digital and electronic evidence.

• Supports judicial reforms for fair trials.

• Ensures lawful use of technology in evidence.

Related Evidence Act Sections

• Evidence Act Section 25 – Confessions to Police

  – Prohibits confessions made to police officers from being admitted, complementing Section 24’s protection against illegal evidence.

• Evidence Act Section 27 – Discovery of Facts from Illegally Obtained Evidence

  – Allows admissibility of facts discovered through illegal evidence under strict conditions.

• Evidence Act Section 101 – Burden of Proof

  – Defines who must prove facts, relevant when challenging evidence under Section 24.

• Evidence Act Section 103 – Burden of Proof as to Particular Fact

  – Specifies burden shifts, important in illegal evidence disputes.

• IPC Section 24 – Definition of Wrongful Restraint

  – Related to illegal acts that may lead to unlawful evidence collection.

• CrPC Section 27 – Admissibility of Facts Discovered

  – Overlaps with Evidence Act Section 27 regarding evidence derived from illegal sources.

Case References under Evidence Act Section 24

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

   – Evidence obtained by torture is inadmissible under Section 24, protecting fundamental rights.

2. Kartar Singh v. State of Punjab (1994, AIR 1994 SC 1857)

   – Courts emphasized exclusion of illegally obtained confessions to ensure fairness.

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

   – Use of narco-analysis without consent violates Section 24 principles and is inadmissible.

Key Facts Summary for Evidence Act Section 24

• Section:

  24

• Title:

  Exclusion of Illegally Obtained Evidence

• Category:

  Admissibility, Fairness, Evidence Collection

• Applies To:

  Accused, Police, Courts, Litigants

• Proceeding Type:

  Criminal and Civil Trials

• Interaction With:

  Sections 25, 27, 101–103, IPC and CrPC provisions

• Key Use:

  To exclude evidence obtained unlawfully and protect rights

Conclusion on Evidence Act Section 24

Evidence Act Section 24 is a cornerstone of fair trial rights in India. By excluding evidence obtained through illegal or unfair means, it protects individuals from abuses and ensures that courts rely only on lawful proof. This strengthens the integrity of judicial proceedings and promotes public confidence in the justice system.

Legal professionals must understand and apply Section 24 carefully to safeguard procedural fairness. Its relevance continues to grow with advances in technology and investigative methods, making it essential for modern legal practice in both civil and criminal contexts.

FAQs on Evidence Act Section 24

What types of evidence does Section 24 exclude?

Section 24 excludes any evidence obtained illegally, such as through coercion, torture, illegal searches, or violation of rights. It applies to oral, documentary, and electronic evidence gathered unlawfully.

Who can challenge evidence under Section 24?

Any party in a trial, including the accused, litigants, or their lawyers, can challenge the admissibility of evidence on grounds of illegal collection under Section 24.

Does Section 24 apply in both criminal and civil cases?

Yes, Section 24 applies to both criminal and civil proceedings to ensure that only lawfully obtained evidence is admitted in court.

How does Section 24 relate to confessions made to police?

Section 24 complements Section 25, which specifically excludes confessions made to police officers. Both protect against illegally obtained admissions or confessions.

Can illegally obtained evidence ever be admitted?

Generally, no. However, Section 27 allows certain facts discovered from illegal evidence to be admitted if they meet strict conditions, but the original illegal evidence remains excluded.