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Exclusionary Rule

Definition

A rule that evidence obtained in violation of constitutional or statutory search-and-seizure requirements cannot be used at trial. Applied strictly and automatically in the United States; applied as a discretionary remedy under PACE s.78 in England and Wales; not routinely applied in India under the BSA.

US application
Strict and automatic
England and Wales
Discretionary remedy under PACE s.78
India
Not routinely applied under the BSA
Concerns
Search and seizure violations

Common questions

Why does the same kind of violation lead to different outcomes across jurisdictions?+

The US treats exclusion as a near-automatic deterrent against unlawful searches, while England and Wales leaves it to judicial discretion weighing fairness, and India generally admits improperly obtained evidence unless a specific statutory bar applies, reflecting different constitutional priorities.

Can improperly seized digital evidence still be used in a discretionary jurisdiction?+

Often yes. Under a discretionary approach like PACE s.78, a court can admit the evidence if excluding it would be more unfair to the proceedings than the manner of its collection, unlike the near-automatic exclusion applied in the US.

Related terms

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Habeas Corpus
A writ requiring whoever holds a person in custody to bring that person before a court and justify the detention, the primary...
Judicial Precedent
A prior court decision that binds later courts of equal or lower rank when facts are materially similar, giving a single ruling...
Right to Legal Aid
The entitlement of an accused person who cannot afford a lawyer to receive one at state expense, recognised as essential to a...
Right to Speedy Trial
The guarantee that a criminal case will be tried within a reasonable time, so that pre-trial detention does not itself become a...
Admissibility
Whether a piece of evidence is permitted to be placed before the fact-finder at all. Admissibility is a threshold question, decided by...
Bharatiya Sakshya Adhiniyam 2023 (BSA)
India’s evidence statute operative from 1 July 2024, with savings for specified existing proceedings. Section 39 concerns expert opinion, section 45 its...
Chain of Custody
The documented history of possession, handling, storage and transfer of an exhibit. It supports traceability between collection and examination, while the significance...
D.K. Basu Guidelines
Eleven requirements for arrest and detention issued by the Supreme Court in D.K. Basu v. State of West Bengal to prevent custodial...
Federal Rules of Evidence (FRE)
The rules governing the admission of evidence in US federal courts, adopted in 1975 and regularly amended. Rule 401 defines relevance; Rule...
Fruit of the Poisonous Tree
A US doctrine extending the exclusionary rule: not only is unlawfully obtained evidence itself excluded, but any further evidence discovered as a...
Miranda Warning
The statement of rights that US police must deliver to a suspect before custodial interrogation, required by the Supreme Court's 1966 decision...

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