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Unfairly Prejudicial Evidence: No Law in Indian Jurisdiction
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Gauresh Chaudhary
Student at National Law School of India University, Bangalore, India.
Abstract
Being the root, Courts always use common law as a source to fulfill the gaps in the Indian Legal system. The same has been done in the case of unfairly prejudicial evidence against any accused. The courts are using the foreign tests to conclude the prejudice level of the evidence in the Indian system, completely ignoring the fact that the use of common law in the Indian system is itself prejudicial due to the presence of several differences in the same. The same has been highlighted in this paper taking into account the use of a balancing test to determine the probative values of evidence. Another pfenning test has also been analysed according to the Indian legal system, and a conclusion has been drawn on the suitability between these two tests.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 5, Issue 2, Page 1044 - 1050
DOI: https://doij.org/10.10000/IJLMH.112863Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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