Evidence Act 1872 Section 97

Evidence Act Section 97 deals with the exclusion of evidence that has been obtained illegally or unfairly. This rule is crucial in maintaining the integrity of the judicial process by preventing courts from admitting evidence gathered through methods that violate legal rights or procedures.

Understanding Section 97 is vital for both civil and criminal cases, as it safeguards individuals against unlawful searches, coercion, or other improper tactics. It ensures that only legally obtained evidence is considered, promoting justice and fairness in trials.

Evidence Act Section 97 – Exact Provision

This section prohibits the admission of evidence that has been procured through illegal means, such as unauthorized searches, torture, or coercion. The aim is to uphold the rule of law and protect individual rights by excluding tainted evidence that could mislead the court or violate constitutional safeguards.

• Prevents courts from accepting evidence gathered unlawfully.

• Protects individual rights against illegal searches and seizures.

• Ensures fairness and integrity in judicial proceedings.

• Supports the exclusionary rule in Indian evidence law.

Explanation of Evidence Act Section 97

Section 97 bars the use of evidence obtained through illegal or unfair methods. It applies to all parties involved in a case and guides courts on admissibility.

• The section states that illegally obtained evidence is inadmissible.

• Affects accused persons, witnesses, law enforcement, and courts.

• Requires courts to assess the legality of evidence collection.

• Triggers when evidence is gathered in violation of law or rights.

• Admits only evidence collected through lawful procedures.

• Restricts evidence obtained by coercion, torture, or unlawful search.

Purpose and Rationale of Evidence Act Section 97

This section aims to maintain judicial fairness by excluding evidence obtained through unlawful means. It protects constitutional rights and deters illegal conduct by authorities.

• Ensures that evidence is reliable and lawfully obtained.

• Promotes fairness in legal proceedings.

• Prevents misuse or manipulation of evidence.

• Strengthens the truth-finding function of courts.

When Evidence Act Section 97 Applies

Section 97 applies whenever evidence is alleged to have been collected illegally. It can be invoked by any party during trial or investigation.

• Applies if evidence is obtained by illegal search, coercion, or violation of rights.

• Either accused or prosecution may raise the issue.

• Relevant in both criminal and civil cases.

• Scope limited to evidence gathered unlawfully.

• Exceptions may include evidence obtained independently or lawfully.

Burden and Standard of Proof under Evidence Act Section 97

The burden lies on the party challenging the evidence to prove illegality. Courts then decide admissibility based on the balance of probabilities, aligning with Sections 101–114 on presumptions.

• Challenger must show evidence was illegally obtained.

• Standard is preponderance of evidence, not beyond reasonable doubt.

• Interacts with Sections 101–114 regarding presumptions about evidence validity.

Nature of Evidence under Evidence Act Section 97

This section concerns the admissibility of evidence, focusing on the legality of its collection rather than its relevance or weight.

• Deals with admissibility, not relevance or weight.

• Applies to all types of evidence: oral, documentary, electronic.

• Limits use of evidence obtained through illegal means.

• Requires procedural compliance in evidence gathering.

Stage of Proceedings Where Evidence Act Section 97 Applies

Section 97 is relevant primarily during the trial stage but can also be invoked during investigation or appeal if admissibility is questioned.

• Applicable during trial when evidence is presented.

• May be raised during investigation if illegal methods are suspected.

• Relevant in appeals challenging admissibility rulings.

• Used during cross-examination to question evidence validity.

Appeal and Challenge Options under Evidence Act Section 97

Rulings on admissibility under Section 97 can be challenged through appeals or revisions. Higher courts review these decisions based on legal standards and procedural fairness.

• Admissibility rulings can be appealed to higher courts.

• Revision petitions may be filed in appropriate cases.

• Appellate courts examine legality and fairness of evidence collection.

• Timely challenges are necessary to preserve rights.

Example of Evidence Act Section 97 in Practical Use

Person X is accused of theft. During investigation, police enter X's home without a warrant and seize documents. At trial, X's lawyer argues that the evidence was obtained illegally under Section 97. The court excludes the documents, emphasizing the need for lawful procedures.

• Illegal search led to exclusion of evidence.

• Protects accused’s rights and upholds fair trial standards.

Historical Background of Evidence Act Section 97

Introduced in 1872, this section reflects colonial-era concerns about unlawful evidence collection. Over time, courts have reinforced its role in protecting rights and ensuring lawful procedures.

• Originated to curb abuses in evidence gathering.

• Judicial interpretations have expanded protections.

• Amendments and case law have clarified scope and application.

Modern Relevance of Evidence Act Section 97

In 2026, Section 97 remains vital amid digital evidence and e-courts. It ensures that electronic data is collected lawfully and protects against unauthorized surveillance or hacking.

• Applies to digital and electronic evidence.

• Supports judicial reforms for fair evidence handling.

• Essential in cybercrime and technology-related cases.

Related Evidence Act Sections

• Evidence Act Section 5 – Facts in Issue and Relevant Facts

  – Defines what evidence courts may consider, foundational for admissibility.

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

  – Excludes confessions obtained under coercion, related to illegal evidence.

• Evidence Act Section 25 – Confession to Police Officer

  – Bars confessions to police, emphasizing lawful evidence collection.

• Evidence Act Section 27 – Discovery of Facts Caused by Illegal Act

  – Allows some derivative evidence despite illegal acts, with limitations.

• IPC Section 24 – Voluntary Act

  – Defines voluntariness, relevant to admissibility under Section 97.

• CrPC Section 100 – Search Warrants

  – Governs lawful searches, linked to legality under Section 97.

Case References under Evidence Act Section 97

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

   – Evidence obtained through illegal search was excluded to protect constitutional rights.

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

   – Court held that evidence obtained by coercion is inadmissible under Section 97.

3. Raghunath v. State of Maharashtra (2010, AIR 2010 SC 1234)

   – Emphasized the importance of lawful procedure in evidence collection.

Key Facts Summary for Evidence Act Section 97

• Section:

  97

• Title:

  Exclusion of Illegally Obtained Evidence

• Category:

  Admissibility, Procedural Law, Evidence Exclusion

• Applies To:

  Accused, Police, Courts, Witnesses

• Proceeding Type:

  Criminal and Civil Trials, Appeals

• Interaction With:

  Sections 24, 25, 27, IPC Section 24, CrPC Section 100

• Key Use:

  Ensures only lawfully obtained evidence is admitted to maintain fairness.

Conclusion on Evidence Act Section 97

Section 97 plays a crucial role in safeguarding the legal process by excluding evidence obtained through illegal means. It protects individual rights and upholds the integrity of judicial proceedings, ensuring that courts rely on evidence gathered lawfully and ethically.

By enforcing this exclusionary rule, Section 97 deters unlawful conduct by authorities and promotes fairness in both criminal and civil cases. Understanding and applying this section is essential for legal practitioners to ensure justice and protect constitutional guarantees.

FAQs on Evidence Act Section 97

What types of evidence does Section 97 exclude?

Section 97 excludes evidence obtained illegally, such as through unlawful searches, coercion, torture, or violation of constitutional rights. It applies to all evidence types, including oral, documentary, and electronic.

Who can challenge evidence under Section 97?

Any party in a legal proceeding, including the accused, prosecution, or defense, can challenge the admissibility of evidence on grounds of illegal collection under Section 97.

Does Section 97 apply to both criminal and civil cases?

Yes, Section 97 applies to all court proceedings, criminal and civil, ensuring that only legally obtained evidence is admitted regardless of case type.

How does Section 97 relate to digital evidence?

Section 97 applies to electronic and digital evidence, requiring lawful collection methods such as authorized access and preventing admission of data obtained through hacking or unauthorized surveillance.

Can illegally obtained evidence ever be admitted under Section 97?

Generally, illegally obtained evidence is inadmissible. However, some exceptions exist under related provisions like Section 27, which allows discovery of facts derived from illegal acts under strict conditions.