WHEN THE SEARCH FOR TRUTH THREATENS FAIRNESS: HUMAN RIGHTS LIMITS ON EVIDENCE UNDER THE BHARATIYA SAKSHYA ADHINIYAM, 2023

A criminal trial is meant to discover what happened and that to fairly. Evidence may appear useful to the prosecution and still raise serious questions about coercion, reliability, privacy or the fairness of the process. The significant question is that, whether a piece of evidence helps prove a case; it is also whether the law permits the State to rely on it, and what should occur when the method of collection was unlawful. The Bharatiya Sakshya Adhiniyam, 2023 replaced Indian Evidence Act, 1872 for proceedings within its application and came into force on 1 July, 2024 . The new statute retains rules dealing with involuntary confessions and confessions made to police officers, but it does not set out a universal rule that every item obtained unlawfully must be excluded. Indian courts have recognized that an illegal search does not, by itself, automatically make every resulting item admissible. Correspondingly, constitutional decisions protect people from compelled self-incrimination and certain involuntary investigative techniques. This blog argues that the issue is best approached through three questions: 1. Was the evidence collected lawfully? 2. Is it relevant, authentic and reliable and is it legally admissible? 3. Finally, what remedy is appropriate if a right was violated? Having these questions distinct avoids two extremes: assuming that every irregularity requires exclusion, and treating relevance as an answer to every constitutional concern. KERWORDS: Bharatiya Sakshya Adhiniyam; illegally obtained evidence; self-incrimination; fair trial; human rights; confession; privacy.