Supreme Court of India

Radha Kishan v State of U.P.

AIR 1963 SC 82219621 min read
The case in brief30-second read
Facts
Articles were seized from the accused in a search that did not comply with S.103 and S.165 of the CrPC 1898, and the accused argued that the evidence of seizure could not be used.
Issue
Whether an illegal search makes the seized articles inadmissible.
Held
Even if the search was made in breach of S.103 and S.165, the seizure is not vitiated and the evidence is admissible. The illegality only means the occupier could have resisted the search and that the court must examine the evidence about the seizure carefully.
Principle
Evidence obtained in an illegal search is admissible if relevant, but is scrutinised with care.
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Facts

  • Articles were seized from the accused in a search that did not comply with S.103 and S.165 of the CrPC 1898, and the accused argued that the evidence of seizure could not be used.

Issue

  1. Whether an illegal search makes the seized articles inadmissible.

Held

  • Even if the search was made in breach of S.103 and S.165, the seizure is not vitiated and the evidence is admissible. The illegality only means the occupier could have resisted the search and that the court must examine the evidence about the seizure carefully.

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Citation

Radha Kishan v State of U.P. AIR 1963 SC 822

Reported: https://indiankanoon.org/doc/1285567/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.